Caveat necessary after order?
Venkat
(Querist) 05 September 2022
This query is : Resolved
Dear experts,
I have been fighting for custody of my child for four years in family court and recently won the child custody order in family court in my favour. Child is still with the mother and she was given two months to comply with the order of the family court and handover the child to me. I am sure that she will appeal the decision in high court.
I am in a dilemma and seeking your expert opinion. Some LLB holders (not advocates) have stressed that filing a caveat petition in high court is mandatory for me, because in its absence, high court might almost automatically grant a stay order against the lower court order (in this case, family court). Some others (advocate clerks) told me that filing caveat surely prevents adverse decision against me that would otherwise be given without notice to me, but the adverse decisions are based only on the merits of the appeal and not automatic. Further, that I would always be given the chance to give my version to vacate any stay orders. So, in their opinion, filing caveat is not necessary.
Requesting you to share your valuable advise in this regard. Please note that I do not have an advocate. I have represented the case in family court by myself all these years. I don't plan on having an advocate for the caveat or in high court for the appeal either.
Thank you very much,
Venkat
Dr J C Vashista
(Expert) 25 September 2022
You have correctly been advised to file caveat to protect your interest so that the appellate court may issue notice to you before hearing interlocutory application of appellant (wife).
Venkat
(Querist) 26 September 2022
Thank you Sri. Vashista. Fortunately, it turned out that HC did not give any adverse order but instead posted hearing to a later date pending notice to be served to me so caveat wasn't necessary in this case.
Thanks again,
Venkat
Dr J C Vashista
(Expert) 27 September 2022
Dear Venkat ji,
Prmia facie you are lucky as HC did not pass any adverse order against you in the appeal filed by opposite party.
However, requirement of caveat was before listing the appeal before the HC bench (judges) for admission.
Best of luck.
Thanks
Dr. (Maj) J C Vashista
Advocate
Supreme Court of India
