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pradeep (self)     13 December 2016

Caveat filed in hc , judgment suspended , without notice

Sir,

Please advise on the following issue. The father of two minor daughters aged at 14 &12 won custodial rights in a Guardian OP and the district court directed the wife to handover the custody of the childeren to the father within 3 months.

The father filed a caveat petition in the high court regarding the  original judgment of district court relating to Guardian OP and  the Caveat petiton is got served on the wife.

The wife filed first appeal against the judgment of guardian op delivered by the district court when the Caveat filed by the husband is operation. The wife also filed a Suspension Petition to suspend the operation of the judgment of the guardian op , informing the High Court that a caveat has been filed in the case.

The High Court is ordered suspension of the judgment of the lower court until further orders without issuing any notice to the caveator i.e., Husband.( the wife has also not issued any notice to the husbans regarding  appeal to the high court)

My query is that, is the suspension order  passed by the High Court without issuing notice to the caveator is correct and legal?

If the act of the high court is not correct , then how to correct this suspension order of the High Court?

Thanks in advance to the learned people for their valuable time and kind suggestions



Learning

 1 Replies

adv.bharat @ PUNE (Lawyer)     15 December 2016

Answer is allready given to this query.


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