Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

shivani (housewife)     28 February 2018

High court case

Judge passed an order in my favour under dvact case.. inlaws have filed an appeal in the high court against that dvact order.. my query is till the high court case goes on will my dvact case be put on hold by the high court judge?? I mean will the high court judge ask for dvact trial court record & will the high court judge put my dvact case on hold ??


Learning

 10 Replies

Ambanshu Sahni   28 February 2018

If the High Court issues a notice in the case, ussually a stay is granted, but if you are receiving any monetary benifits under the lower court order, those are unlikely to be stayed. A lot would depend upon the disposition of the Judge.

Warmly

Ambanshu Sahni

Advocate

7291090489

1 Like

shivani (housewife)     28 February 2018

@ambanshu : thank yoy.. Yes. My maintenance amount has been fixed under dvact since long time..now matter is listed for my cross examine under dvact..

shivani (housewife)     28 February 2018

@ambanshu : thank yoy.. Yes. My maintenance amount has been fixed under dvact since long time..now matter is listed for my cross examine under dvact..

Vijay Raj Mahajan (Advocate)     01 March 2018

You can continue to get the interim maintenance that was allowed by the trail court, however there will not be any further proceeding in the trail court till the High Court disposses the matter listed before it. The High Court can always call for case file from the trail court for dispossing the matter before it.

R.K Nanda (Advocate)     01 March 2018

no proceeding will take place in dv court till appeal is pending in HC.

shivani (housewife)     01 March 2018

@all the above lawyers- thanks to all of you for replying to my query.. Today was the 1st hearing of the high court appeal case.. opposite side kept telling the judge to hold the dvact proceedings in trial court but the high court judge refused to do so.. @ ramesh singh- my inlaws had filed an application in dvact case for evicting me from my matrimonial home but order was passed in my favour bcz my matrimonial home is an ancestral property.. now they have filed an appeal in the high court against this dvact order for my eviction..i have not given my reply yet.will submit on the next hearing in july..

shivani (housewife)     01 March 2018

@ ramesh singh sur- thank you for your advice.. the order in my dvact case is very very clear as per law..judge made this order by making every small point clear.. and after the dvact order was passed..my inlaws had filed an appeal in the sessions court..there also judge passed the order in my favour. Finally now inlaws have filed an appeal in the high court.. here the appeal has been filed by my father inlaw & husband has nade an offer of providing me with a rent house.although i don't want to stay on rent..my mother inlaw has no role.. actually my husband's grandfather didn't make any will and a property case is also pending in the high court between my father inlaw & his sister.. property is disputed.. but in my cases father inlaw claims to be the owner of this house.. so lets see what the high court judge says

shivani (housewife)     01 March 2018

@ ramesh sir- no sir.. husband and inlaws have filed 5 cases on me.. i have filed only a dvact case.. husband wants a divorce hut he doesn't want to give alimony.. my inlaws just want to throw me out of my matrimonial home.. this is why they create pressure on me by filing court cases..

shivani (housewife)     01 March 2018

@ ramesh sir- no sir.. husband and inlaws have filed 5 cases on me.. i have filed only a dvact case.. husband wants a divorce hut he doesn't want to give alimony.. my inlaws just want to throw me out of my matrimonial home.. this is why they create pressure on me by filing court cases..

Samir N (General Queries) (Business)     02 March 2018

Eviction from matrimonial house will be impossible to grant but in High Court you must also raise the defense of "suppression of material fact" if they have suppressed, before the High Court, the other cases pending with respect to the property and/or other cases filed by them against you. It is a procedural defense but why do you care if it helps to get the appeal thrown out?  

The ownership status (title) and who lived there and how long will all come into play when applying the law to determine if it is your matrimonial home. Read Batra vs. Batra case of the Supreme Court (rather old by now) and/or any other cases derived from it.  The Batra case should be easily available on the net. It throws light on matrimonial homes with respect to property owned by in-laws. That case was not ruled in the wife's favor. You should be aware of it in case your husband/in-laws raise it before the High Court.

Disclaimer: I am not an advocate.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register