venkat (engineer) 19 September 2011

Dv proceedings

Hello ,
My wife has filed a false Domestic Violence case against me and my parents in Hyderabad. I and my parents are living separately, they live in their home town which is very far from Hyderabad and I live in Hyderabad. We filed transfer petition for my parents (not for me) to their hometown in High court in the ground of their health conditions, and we got the stay order like below
“ There Shall be interim stay of all further proceedings until further orders. Issue notice, post 25-08-2011”

We thought all case proceedings(including me) are going to stop in lower court till the final order, however in lower court they stopped proceedings only for my parents and they continuing against me.

Could you please suggest is it correct, if it’s correct what are alternatives I have to stay case proceedings against me.

Regards,
Venkat

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5 Replies

prabhakar singh (advocate) 19 September 2011

Dear Mr. venkat!

If this the order as shown below ,taken from your post,i too mean the same as you.The entire proceedings at lower court should get stayed...I doubt some misguidance ,better re check the order passed by lower court afteryour filing of this stay order.

“ There Shall be interim stay of all further proceedings until further orders. Issue notice, post 25-08-2011”

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 19 September 2011

indeed it is a blanket order.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

venkat (engineer) 20 September 2011

Thanks for the immidiate reply, I rechecked the order that is same as mentioned.
“ There Shall be interim stay of all further proceedings until further orders. Issue notice, post 25-08-2011”
I have given the high court order in lower court however as I said above, my proceeding are going and I was asked to reply for the DV petition filed my wife.
Please suggest what are options I have to stay proceedings.

Regards,
Venkat

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 21 September 2011

Take the order sheet of trial court and produce it in High Court, that the trial court is taking the process forward in complete contumacy to the orders of the HC.

HC would put it straight.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

B.N.Rajamohamed (advocate / commissioner of oaths) 21 September 2011

Sir,

Usually the transfer petitions will deal only with the transfer of the entire case without any segregation. So, your entire case has to be stayed including for your status. The order of the high court is misconstred by the lower court. Better make a mention before the lower court to make a better understanding of the order of the high court.