Stay order in dvc
Amit
(Querist) 22 February 2014
This query is : Resolved
I've asked the question as part of another thread but there was no response to asking in a new thread.
Brief history:
My wife filed DVC and as part of that asked for residence in my house.
The house is though owned by me was never inhabited by me or my wife. We argued so and claimed it's not a shared household as envisioned in the act and instead are willing to pay her rent.
Lower court has ordered in our favor asking me to pay rent and saying that my wife is not entitled to live in the house though under my ownership.
My wife appealed against it in Sessions court and that court has given order in her favor, saying she can reside in that house.
That house from the beginning has been given on rent to tenants. My wife forced them to vacate and then locked the entire house and left.
We filed a revision in HC and HC has stayed the order in her petition in the lower court.
My wife has been handed over the stay order and she's been asked to leave. But she refused.
Next HC date is unknown and my advocate suggested that we file a petition in DVC court to direct the protection officer to get her vacated. But the next DVC date is 2 months away and moreover deciding on this may take 6-7 months.
So what should be my next step? Is there no option but to wait for 6-7 months to get her vacated?
Meanwhile, can she do anything in the court to continue her stay even after the HC stay?
Also, the DVC dates are spaced very wide like 2months. What can I do to expedite the case?
Thanks
Nadeem Qureshi
(Expert) 22 February 2014
when the lower court order stayed by hc you break the lock and take possession of your home nobody can restrain to do that.
Rajendra K Goyal
(Expert) 22 February 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Stay-order-in-dvc-455361.asp#.UwhGCIVRx3A
ajay sethi
(Expert) 22 February 2014
repeated query
Amit
(Querist) 22 February 2014
Oops. This duplication happened accidentally. I clicked on submit twice I guess.
Apologies for that.