Decision on 2nd issue but opposition moved to hc, how proceed
Vivek
(Querist) 25 February 2016
This query is : Resolved
Dear Sirs/ma'ms
I filed case under 13 on cruelty grounds. In my Case 2 issues were framed, 1st divorce may be granted ? 2nd Jurisdiction of the case.
Judge heard 2nd issue and gave order that jurisdiction exists and thereby we won on Jurisdiction. But 1st issue still pending. In meantime opposition moved to HC against jurisdiction, case admitted without our knowledge even we filed caveat. HC has called record from lower court. But no stay order till date.
We want that case at lower court may continue to proceed. other party is not allowing to proceed also now file has been called by HC. How can we continue to proceed in Lower Court and how we peruse judge to start hearing on 1st issue.
Devajyoti Barman
(Expert) 26 February 2016
Since no stay is granted ask the lower court to proceed with the case.
Rajendra K Goyal
(Expert) 27 February 2016
You can prey the lower court accordingly as no stay has been given.
Vivek
(Querist) 28 February 2016
but HC has called Records that means there is no file at lower court.
Then how lower court can proceed.
