Interim stay in dv quash
dheepak srinivasa
(Querist) 01 February 2013
This query is : Resolved
A complaint under sec 12 of Domestic Violence Act was filed on me by my ex-wife in the Magistrate Ct. I filed a Stay and Quash Petition u/s 482 Cr.P.C. in the High Ct. The Honble High Ct ruled on 08.04.2010 the stay as follows:
"When the present petition has been taken up for consideration today, the defacto complainant/ wife and the petitioner have agreed to get the matter resolved through the xxx mediation and conciliation centre.
2. Accordingly, the matter is referred to xxx mediation and conciliation center for effecting mediation and to resolve the dispute between the petitioner and defacto complainant.
3. Parties are directed to appear before the xxx mediation and conciliation center on 16.04.2010 and report the outcome of the said mediation to this court.
4. Post on 20.04.2010. Till then, there should be an order of interim stay notice."
The mediation concluded (failed) by 2010 end. However, based on above stay order the case did not proceed and adjournments continued until now. Now the DVA complainant is pushing the magistrate to start trial.
Q1) Per my lawyer, Honble Judge posted matter on 20.04.2010 to see if parties agreed to undergo mediation. Further not sure if results of mediation was communicated to the Honble court. Further the Quash petition in the same case is pending
Q2) Does the STAY hold? Does the magistrate has the right to commence the proceeding when interim stay is given ?
Q3) Should I re-open the Crl.O.P in the high court to seek extension of stay until disposal of Quash or interim stay as per the above order is enough?
Thanks for your help
Raj Kumar Makkad
(Expert) 01 February 2013
You should get the fresh order from High Court otherwise the given order is neither a stay nor a order denying stay.
The lower trial court is not bound by that initial order to stop its proceeding,
V R SHROFF
(Expert) 01 February 2013
You do not take action, Let her initiate if she want. Why shd u proceed?? Let them be in dark/ negligent.
Raj Kumar Makkad
(Expert) 01 February 2013
As your wife has already initiated action before trial court so a time bound action from your side is required in this matter.
