My dear Priyanka, before answering to your legal query, Let me take to task this bl**dy Samir bla...bla. He is not advocate. He might have contested only one case against his wife. But now he becomes preacher and discourages women, in the garb of helping them. He has one night stand and starts to write Kamasutra. A laughing stock. He does not know abc of law. What he is saying is that in your domestic violence case, HC granted stay and so your marriage is saved and you cannot even file civil cases because res judicata operates and now you need not pay any advocate's fee and your money is saved. By H.C. stay your marriage is also saved and your legal bills are also saved. So, HC has not given any relief to your husband but instead of that it has given you relief. Can any sane person talks like this? He further says that Domestic Violence case cannot provide any extra relief which other laws can provide, you should file civil cases instead of domestic violence case, as if DV is a purely criminal case. He says that by filing DV case advocates are enriched as if the advocates will do civil cases free of cost? Can you see any other dopey than he on this forum? Advanced countries have strict laws that a person properly qualified shall not render professional jobs - like medicine, law, chartered accountancy, para-medical and para-legal jobs. But, here in India, people are taken for riding by these sham legal consultants. Leave them to canvass their false agenda. They do not deserve our attention any more.
NOW I COME TO YOUR LEGAL QUESTIONS:
The hon'ble H.C. must have granted the stay against DV proceedings under Section 482 cr.p.c. at the time of issuing notice and so you or your advocate could not get opportunity to contest his stay application. Now, the remedy lies in the hon'ble H.C. itself while filing the counter, you should also file application for vacation of stay. The hon'ble S.C. in Shalu Ojha case clearly held that any order passed by Magistrate in DV case, the appeal lies u/s. 29 of DV Act before Addl. Sessions Judge and not H.C. in inherent jurisdiction u/s. 482 cr.p.c. I am attaching the Supreme Court judgment of last year on DV case, which also at length says that how women are deprived of their legitimate rights available in DV Act by recalcitrant appellate courts. Unless we know in clear terms, what are reliefs you sought in DV case and what are the grounds your husband has taken before H.C. seeking the stay of the proceedings in trial court, a definite answer cannot be given, how you have to convince the hon'ble H.C. in lifting away the stay order it passed against you. Even if after hearing you for vacating the stay order, still the hon'ble HC continues the stay, the remedial action, then only lies to appeal to S.C.
File of Shalu Ojha attached.