Appeal on section 29 of dv act

Q 1) I would like to understand whether sessions court has powers to grant a stay on trial court order or not. i am bit confused to draw finality as per MANU/SC/1331/2014: Shalu Ojha vs Prashant Ojha

Yes, the Sessions Court is empowered to stay orders passed by Trial Court. The question has been dealt by Supreme Court is:

"29. Questioning the correctness of the Magistrate’s order in granting the maintenance of Rs.2.5 lakhs per month the respondent carried the matter in appeal under Section 29 to the Sessions Court and sought stay of the execution of the order of the Magistrate during the pendency of the appeal. Whether the Sessions Court in exercise of its jurisdiction under Section 29 of the Act has any power to pass interim orders staying the execution of the order appealed before it is a matter to be examined in an appropriate case. We only note that there is no express grant of power conferred on the Sessions Court while such power is expressly conferred on the Magistrate under Section 23. Apart from that, the power to grant interim orders is not always inherent in every Court. Such powers are either expressly conferred or implied in certain circumstances. This Court in Super Cassettes Industres Limited v. Music Broadcast Private Limited, (2012) 5 SCC 488, examined this question in detail. At any rate, we do not propose to decide whether the Sessions Court has the power to grant interim order such as the one sought by the respondent herein during the pendency of his appeal, for that issue has not been argued before us.

30. We presume (we emphasize that we only presume for the purpose of this appeal) that the Sessions Court does have such power. If such a power exists then it can certainly be exercised by the Sessions Court on such terms and conditions which in the opinion of the Sessions Court are justified in the facts and circumstances of a given case. In the alternative, if the Sessions Court does not have the power to grant interim orders during the pendency of the appeal, the Sessions Court ought not to have stayed the execution of the maintenance order passed by the Magistrate. Since the respondent did not comply with such conditional order, the Sessions Court thought it fit to dismiss the appeal...."

Q. 2) Sessions Court Judge has adviced to file a not press memo on current IA and apply for stay in Magistrate court. Is this right procedure.

Of course the appellant has to move appropriate interlocutory application for stay of impugned order passed by Trial Court.

3) As per my knowledge is concerned, an appeallant court has powers to grant stay on execution of Trial court orders. 

Question and answer is same as Q 1 above.

4) Is my application on Section 23 to grant stay is right ?

Yes, it's perfect.

Best of luck.
 

Thank you Sir for clarifying the doubts.