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Law Querier (Service)     09 September 2019

Stay in family court until high court not decided

Wife has filed divorce petition on cruelty ground under Hindu marriage act in family court by giving power of attorney to her father. In Mediation proceeding, Her father appeared but wife did not appear for mediation as wife was not present in India. So. Husband has filed an application to seek mediation with his wife in Family court. But, the Family Court refused the application filed by Husband and not granted the application . Then, Husband approached to High Court by filing a review petition against the order of th Family Court and to stay the proceeding of the Family court. Now, the problem is that, the proceeding in high court is very slow and the proceeding in the Family court is faster than the High Court. The stage in Family Court is evidence of petitioner (wife). There is no meaning to approach to High Court if the Family Court announce its order earlier than order of High Court. My question is that Can Husband file an application to stay the procedure of the case in same Family Court until the review petition not decided by High Court? What other remedies are available in this case?

 



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