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pradeep (self)     15 December 2016

Caveat filed ,judgment suspended without notice to caveator

Sir / Madam,

Please advise on the following issue. The father of two minor daughters aged at 14 &12 won custodial rights in a Guardian OP and the district court directed the wife to handover the custody of the childeren to the father within 3 months.

The father filed a caveat petition in the high court regarding the  original judgment of district court relating to Guardian OP and  the Caveat petiton is got served on the wife.

The wife filed first appeal against the judgment of guardian op delivered by the district court when the Caveat filed by the husband is operation. The wife also filed a Suspension Petition to suspend the operation of the judgment of the guardian op , informing the High Court that a caveat has been filed in the case.

The High Court is ordered suspension of the judgment of the lower court until further orders without issuing any notice to the caveator i.e., Husband.( the wife has also not issued any notice to the husbans regarding  appeal to the high court)

My query is that, is the suspension order  passed by the High Court without issuing notice to the caveator is correct and legal? If the act of the high court is not correct , then how to correct this suspension order of the High Court? Thanks in advance to the learned people for their valuable time and kind suggestions  

 



Learning

 2 Replies

adv.bharat @ PUNE (Lawyer)     15 December 2016

Pradeep u can file suit for review of order of court.

Will u appreciate this answer by giving like on my LCI profile?

pradeep (self)     16 December 2016

Sir,

Thanks for your kind suggestion. Could please elaborate? The suspension order is given by the high court on the judgment given by the district court. At which court the suit has to be filed. What releif has to be prayed and on which ground.


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