Still do i need to attend the court and submit the dv counter petition?

Querist : Anonymous (Querist) 18 January 2012 This query is : Resolved
In my DV case, my parents and sister have filed a quash petition even though they have not recieved any summons.
And High court has sent a note to the lower court and sent summons for me and to my wife to come for arguments.
My lawyer is saying that your parents got a stay in the lower court.
I was told that the judge has asked my lawyer's junior the following questions?

1. How can they filed a quash or stay when the lower court didnt send summons to the parents and the sister.

2. Why cant the husband come for court as 'stay' is not meant for him.

If my parents cannot file a quash then why high court has sent a note to lower court and the summons to me and to my wife about the Quash/Stay petiotion filed by my parents?

I haven't yet filed a counter to the wife's DV complaint. As we got a Stay to my parents and sister, so When should i actually submit my counter to the DV petition. Do I still need to attend the call work as stay is not given to me?

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Devajyoti Barman (Expert) 18 January 2012
Rightly or wrongly the high court ahs assed an order of Stay.
Now the trial court being subordinate to it is bound by such order.
You need now only to produce such stay order.
The trial court is though right in asking the locus standi of your parents.

Advocate. Arunagiri (Expert) 18 January 2012
If your parents and sister are the parties to the DV case, they can a seek stay of the case, even without receiving any summon.

Stay is different, dispense with the personal appearance is different.

You can check with your advocate regarding the order of the HC.

Raj Kumar Makkad (Expert) 18 January 2012
I endorse the views as expressed above.

Deepak Nair (Expert) 19 January 2012
I too agree with the advise of the experts above.

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