Lower court has issued summons for family members and we got first date for trial in october .
I have requested my lawyer a month back to appeal for 498a quash in HC for my family members and my lawyer is saying quash needs a stay order first .
My lawyer filed a petition in HC and got stay order from HC which says "my family members appearance has been postponed for 3 weeks" . HC order copy didnt mention anywhere about quash and it has no info about what my lawyer wrote in his petition .
Whenever i ask my lawyer to appeal for quash , he is saying that girl's lawyer should respond to our stay order and only after that we can file for quash .
I'm really not understanding anything .
I went through many threads in this forum where everyone appealed for quash in HC and result of quash known in one hearing of HC . Noone has mentioned about getting stay prior to quash . Then why my lawyer is misguding me ?
what is the exact process to appeal for quash ? How many days does it take to know quash result ? We have trial date in october , should we appeal for quash now ? can we appeal for quash after trial hearing ? is there any specific period to appeal for quash or can we appeal it anytime during case ?
And also, my lawyer is saying he will file divorce petition in family court now .
Is it right/good advice to appeal for divorce prior/during 498a trial? Should i wait for 498a case to get over to file divorce petition ?
Please someone guide me with right info. My lawyer is confusing me and i'm in helpless situation .
I'm not understanding how should i proceed further .
Please help me .