bigamy - summoning stay
aisha
(Querist) 23 February 2011
This query is : Resolved
I filed a complaint u/s 494. judge recorded my statement and he was satisfied with documents submitted by me as there was one adl session judge order in domestik violence case where she has stated that he has comitted the offence of bigamy. My husband and other women were issued summons .
Now my husband appeared in the court and furnished bond rs 25000 and nxt date was fixd for his evidence.
That women has taken stay from high court by saying that i am not his wife and she is married to him and alleging that District court judge has not inquired the matter.
My husband filed divorce case and then withdrew when i was granted maint. And now also i am getting maint in domestik violence case and same revision filed by me is pending in the highcourt.
Now my querry is
1 - Is high court fair enough to stay proceedings without hearing other party. Moreover she has not attached any documentory proofs as wife , she simply said she is married on so n so date only.??
2- Is it necessary for judge to conduct inquiry(crpc 200) when enough admitted documents ie also on govt record .??
3. does this going to effect my case ???
4. can i take action against that lady for misleading highcourt???????
s.subramanian
(Expert) 23 February 2011
You need not panic like this. The High Court would have passed the stay order ex parte. There is nothing wrong in it. You always have the right to file a petition for vacating the stay order along with all the documents at your disposal and argue. You need not worry at all.
Ajay Bansal
(Expert) 23 February 2011
Agreed with S.Subramanian.
Atuliya
(Expert) 24 February 2011
True as Mr Subramanian says the HC can pass an ex-parte stay but I am sure this must be an interim stay. So this can be vacated nothing to fret about.
But, I guess you must have engaged a lawyer or are you doing it by yourself. From what you have mentioned in the various posts, your husband and his partner seem to be slimy characters and therefore you need to tread rather cautiously.
Good luck to you.
