(Guest)

Dv act case set aside, magistrate still issue warrant

Sir,

Had stated facts previously.

False DV act case filed on me and my parents in 2010. In 2009 I filed for divorce.

Divorce case still going on. We went to sessions court for getting stay. Sessions court set aside whole proceeding and asked the magistrate to look into the matter from begining. Before we went to sessions court, magistrate issue exparte orders for shelter, at inlaws place. I dont stay with my parents so was unable to give shelter, I live with my friends, so for not obeying order magistrate issue warrant.

Before we went to sessions court, we went to high court, there hearing came late, but high court gave stay to proceedings of magistrate court and asked respondent (wife) to appear before high court of karnataka.

But respondent failed to appear at high court. So matter is pending in high court. I gave copy of high court order to magistrate and he said he cant do anything until matter is in high court and kept it pending.

The stay given was for eight weeks in which time respondent had to appear in high court, which she did not..

Now again the magistrate has issued warrant in the original cmis case which was set aside by both sessions and high court.

Now how can a magistrate issue warrant without any failure to obey orders? Last time he had issued warrant saying I did not obey court order and issued warrant.

But this time no order has been passed, but still warrant is issued and policemen doing rounds with warrant.

How to tackle this situation?

Please do reply, your reply would be of great help.

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5 Replies

Adv. Chandrasekhar (Advocate) 09 June 2012

The high court has given only 8 weeks time to stay the operation of order of magistrate. As it has been expired, the magistrate is competent to issue warrant. You have to approach the high court and get the stay extended and after it is extended, get a copy of the same and place it along with appropriate application before the magistrate so that warrants will be cancelled by the magistrate.

(Guest)

Sir,

But as matter is now with high court how can proceedings be carrind out in lower court?

Would it not be contempt of court? If it amounts to contempt of court, then, can we file contempt case in higher court? Please tell.

Originally posted by :Adv. Chandu 09868332610

sri (ceo) 10 June 2012

judicial system is a procedural sh*t pack... sleep and you are gone...

better take matter in your hands rather than rely on your incompetent lawyer...

(Guest)

Sir,

How to proceed further?

The magistrate should have closed the old case and started afresh after taking new applications, how can the magistrate not close the old case, which has been ordered to close by sessions court almost a year ago?

How can the magistrate overlook the sessions court order to start the enquiry afresh as the sessoins court found that the magistrate had not followed any rules in giving ex parte order and also issuing arrest warrant.

Please expalin, would be of great help.

Adv. Chandrasekhar (Advocate) 10 June 2012

Now again the magistrate has issued warrant in the original cmis case which was set aside by both sessions and high court.

Neither the sessions court nor the high court dismissed the application filed by your wife in DV case, but the sessions court set aside the order passed by the magistrate court and directed it to adjudicate the case afresh. As the application is pending before the magistrate, he issued warrants to you to appear and put your case before him. As the High court stay was only for 8 weeks and so, after passing of 8 weeks, the magistrate proceeded further in the case. If you want warrants to be cancelled, you have to approach the high court and get the stay order extended further and file that order before the magistrate with a prayer for cancellation of warrants and if you do all these things, the magistrate will cancel his warrants. No contempt case lies in the facts of this case.