Short adjournment of 498a case when hc has stayed the matter
mycent
(Querist) 22 January 2013
This query is : Resolved
Respected Ld. gentlemen, kindly guide me on the following:
In my 498a case , HC has given stay on proceedings. As such at the time of the latest hearing in lower court I attached the certified copy of this stay order along with a petition to adjourn the date after 6 months, as HC has asked to put up the matter after 6 months & has put stay on all proceedings.
Initially the judge obliged seeing the certified copy & my advocate took a date which was falling after 6months - I was present during all this activity.. However next day when my advocate reviewed the list he was surprised to see that the next date has been changed & put up in the next month itself.
Upon asking the Peshkar, he said that the judge had called for the record later & had asked to make the changes.
My question:
- Can judge still give dates before the specified next adjournment date in HC, when HC has specifically given stay & had asked to put up the matter after 6 months ?
- I smell some foul play here by the record room guys, if this is so, what should I be doing so that this doesn't happen again ?
Devajyoti Barman
(Expert) 22 January 2013
There is no harm in fixing the next date within a month. As long as Satay is there the lower court ca not proceed with the case even if dates are fixed in the meantime.
