Execution of stay order from hc
Querist :
Anonymous
(Querist) 31 October 2011
This query is : Resolved
Hi,
I have filed a divorce case & my wife had put a petition in HC to transfer the case to her town. HC ordered to send notice & also ordered stay on any further proceedings on the divorce case. It has been around 1.5 months but we have not received any notice regarding the transfer case, also the same has bot been put in the record of the divorce case. My wife doesn't appear in the divorce case, her lawyer just puts petition quoting some pretext for her absence.
1). In the absence of any information to my court regarding stay order, what will happen to the proceedings which will happen during this period, in other words what will be considered as effective date of stay, order date or the date when the order was received & attached to the current case.
2). Since my wife is not disclosing the transfer case (may be to get ex-parte), can I do something against her filing false petition of absence on dates in divorce case?
Raj Kumar Makkad
(Expert) 31 October 2011
1. When the order of High Court reaches to concerned court.
2. Your lawyer should press for further proceeding in the pending case as your wife is not interested to attend court hearings.
Querist :
Anonymous
(Querist) 31 October 2011
Thx Raj kumar ji !
Can I use this wrong doing of my wife anywhere ? At one hand they hv got the stay order but on the other side they are putting false pretext of not attending the court, doens't this amount to contempt of court or anything else by misguiding hte court or misrepresenting things ? Please advice !
Shonee Kapoor
(Expert) 01 November 2011
It might be a case, where she has not filed any transfer case till date.
The trial court is competent to proceed with the case till the order of HC reaches it.
Alsom buddy, when your house is on fire, don't go hunting, fight your cases on merits rather than finding any wrong doings , where none may exist.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 07 November 2011
Shonee ji, its confirmed that the transfer case has been filed & the said order has been passed. I have this confirmation from the website of High Court (which mentions all the details of the case along with case number).
