I had filed a discharge application in the MM court in my DV Act case on the grounds that I have given Talaq to her and also that the DV Act was filed 4 months after she left the house and on1 month after Talaq so there was no Domestic Relationship when DV Act was filed. We referred to Justice Shivnarayan Dhingra's judgement in which he interpreted the meaning of "at any point of time" which is there in DV Act.
Tomorrow the Hon'ble Judge will give his order which is 99% going to go against me as he said DV is maintainable. Now my lawyer is suggesting to appeal in Session Court.
I want to know whether the Sessions court will stay the proceedings in DV Act in MM court if we appeal in Sessions Court.
I am not denying to pay interim maintenance to her if the Hon'ble MM Court judge passes an order in Sec.23. I only want the DV Act proceedings to be stayed as my 498-A case will come on board in December.
Thanks & Regards,