Hc given me stay for 6 weeks only in 498a? pls explain the next steps
false_case_victim
(Querist) 28 July 2013
This query is : Resolved
Eventhough we didnt get court summons in our 498a case, we approached one lawyer and filed Stay petition on chargesheet. Finally after 1 year I was told by my lawyer that we got stay for 6 weeks only. More over my lawyer is saying to me that we need to keep on lodging petitions for every 6 weeks once, for extending the Stay.
As I didnt understand this concept. my lawyer is not giving enough information or advises.
Can any one here in the forum, explain me the process and advise me on the next steps of how to proceed with this 6 weeks of HC stay?
ajay sethi
(Expert) 28 July 2013
it is an interim stay granted by the high court before final hearing of the petition . the court will consider arguments of the parties before passing final orders . in case the HC is not in position to finally hear the petition stay would be further extended
R.K Nanda
(Expert) 28 July 2013
pray to hc to extend the stay further.
adv. rajeev ( rajoo )
(Expert) 28 July 2013
to get extend the stay you will have to file an application to extend it.
Rajendra K Goyal
(Expert) 28 July 2013
Interim stay need to be extended till disposed through final hearing.
Raj Kumar Makkad
(Expert) 29 July 2013
Stay application is required to be disposed off which shall remain appicable till the finalization of the suit.
false_case_victim
(Querist) 29 July 2013
sirs, please understand my question :
assume that the other party didnt come for vacating the 6 weeks of stay even after issuing the notices to other parties.
Is it correct or wrong that my lawyer has to go and apply for every 6 weeks once to extend the stay or after 6 weeks is one application suffice?
Nadeem Qureshi
(Expert) 30 July 2013
it's depend on the future, may be the court pass an order in future that the stay will be continue till 1year, 2 years 10 year, how can we say.
R.K Nanda
(Expert) 30 July 2013
it depends on court to extend stay further
but stay is never extended for years.
false_case_victim
(Querist) 30 July 2013
oh thanks to all seniors and your warm help.
