Appeal against interim order when distress warrent are issued for it.
Guest
(Querist) 03 October 2012
This query is : Resolved
DETAILS OF CASE
IN DV case431/11 on 01 Feb. 2012 Interim maint. order is passed. on 03 Apr.2012 Distress warrent issued to respondent. in Aug 2012 respondent filed appeal against interim oredr under limitation act . to DJ ( Respondent is HIV Patient but sound in helth. has second wife and four children from her. All proff is on court record)
QUESTIONS
1) Can appeal be filed under limitation Act?
2) When respondent know that distress war rent are issued, can he files Appeal against it.
3) in the mean time case came to the final order stage. Judge order that to know the sates of appeal one further date is given 10 Oct 2012 (this date is also for the date for 498(a),494, 34. case against respondent/ accused)
4) when stay is not granted by DJ on interim stay or distress war rent can lower court delay the matter to pass final order in this case?
Guest
(Querist) 03 October 2012
DETAILS OF CASE
IN DV case431/11 on 01 Feb. 2012 Interim maint. order is passed. on 03 Apr.2012 Distress warrent issued to respondent. in Aug 2012 respondent filed appeal against interim oredr under limitation act . to DJ ( Respondent is HIV Patient but sound in helth. has second wife and four children from her. All proff is on court record)
QUESTIONS
1) Can appeal be filed under limitation Act?
2) When respondent know that distress war rent are issued, can he files Appeal against it.
3) in the mean time case came to the final order stage. Judge order that to know the sates of appeal one further date is given 10 Oct 2012 (this date is also for the date for 498(a),494, 34. case against respondent/ accused)
4) when stay is not granted by DJ on interim stay or distress war rent can lower court delay the matter to pass final order in this case?
V R SHROFF
(Expert) 03 October 2012
Appeal must have been filed with delay condo-nation, and under the circumstances, appeal is valid, so lower court can adjourn, pending appeal in higher court.
Guest
(Querist) 04 October 2012
Dear Sir,
It is not the question whether the appeal is valid but question is when several distress warrants are issued to the respondent and when he get the information of it he manages police to return it. At this stage some how he files appeal.He gives one application through lawyer in DV case that he filed appeal to DJ. When DJ has not given stay in DV case, how and why the final order steps be adjourned in this case?
Please guide.
Thanks
Tajobsindia
(Expert) 04 October 2012
1. Condonation delay can be used in reference query.
2. It depends on appellate Court first to dispose his condonation delay then take Appeal on Board. Without disposing with stating its reason of waiving off condonation delay application, main Appeal case will not be heard which is straight forward process of an appellate Court in reference to context.
3. Now, if he has filed a separate Stay Application citing "stay grounds" and Appellate Court sees through them prime facie to be reasonable enough then a Stay order may get passed accordingly i.e. for lower Court to stay immediately its proceedings as now an appellate court has seized the trial Court matter.
4. Without stay order in hand lower Court is within its rights to proceed in accordance with Law on distress pleas of the aggrieved person (wife) in reference complaint case.
It is other matter that many trial Courts feel insecure hearing Appeal word and automatically stay grant adjournment its own proceedings without even Stay Order transmittal to her and it also depends on forced persuasive pleadings of respondent side seasoned pleader i.e. without a stay order getting stay of trial Court proceedings and it is not that such matters were never heard off!!!
Hence, your query has no controversy left to answer now so it seems to me.
Guest
(Querist) 04 October 2012
Dear Sir,
Please Guide
Without stay order in hand lower Court is within its rights to proceed in accordance with Law, Is there any law/case law for it?
Tajobsindia
(Expert) 04 October 2012
When a stay is granted in a case, that usually means that proceedings in the lower courts are halted until the court granting the stay considers the issues being appealed. Most stays last only a few days and the granting of a stay does not indicate the appealate court's eventual decision. Granting a stay simply gives a appeal court some time to review the matter.
Hence, without stay order in hand from appeal court, lower Court is within its rights to proceed in accordance with Law, matter pending before her.
