High court case

If the High Court issues a notice in the case, ussually a stay is granted, but if you are receiving any monetary benifits under the lower court order, those are unlikely to be stayed. A lot would depend upon the disposition of the Judge.

Warmly

Ambanshu Sahni

Advocate

7291090489

@ambanshu : thank yoy.. Yes. My maintenance amount has been fixed under dvact since long time..now matter is listed for my cross examine under dvact..

@ambanshu : thank yoy.. Yes. My maintenance amount has been fixed under dvact since long time..now matter is listed for my cross examine under dvact..

You can continue to get the interim maintenance that was allowed by the trail court, however there will not be any further proceeding in the trail court till the High Court disposses the matter listed before it. The High Court can always call for case file from the trail court for dispossing the matter before it.

no proceeding will take place in dv court till appeal is pending in HC.

@all the above lawyers- thanks to all of you for replying to my query.. Today was the 1st hearing of the high court appeal case.. opposite side kept telling the judge to hold the dvact proceedings in trial court but the high court judge refused to do so.. @ ramesh singh- my inlaws had filed an application in dvact case for evicting me from my matrimonial home but order was passed in my favour bcz my matrimonial home is an ancestral property.. now they have filed an appeal in the high court against this dvact order for my eviction..i have not given my reply yet.will submit on the next hearing in july..

@ ramesh singh sur- thank you for your advice.. the order in my dvact case is very very clear as per law..judge made this order by making every small point clear.. and after the dvact order was passed..my inlaws had filed an appeal in the sessions court..there also judge passed the order in my favour. Finally now inlaws have filed an appeal in the high court.. here the appeal has been filed by my father inlaw & husband has nade an offer of providing me with a rent house.although i don't want to stay on rent..my mother inlaw has no role.. actually my husband's grandfather didn't make any will and a property case is also pending in the high court between my father inlaw & his sister.. property is disputed.. but in my cases father inlaw claims to be the owner of this house.. so lets see what the high court judge says

@ ramesh sir- no sir.. husband and inlaws have filed 5 cases on me.. i have filed only a dvact case.. husband wants a divorce hut he doesn't want to give alimony.. my inlaws just want to throw me out of my matrimonial home.. this is why they create pressure on me by filing court cases..

@ ramesh sir- no sir.. husband and inlaws have filed 5 cases on me.. i have filed only a dvact case.. husband wants a divorce hut he doesn't want to give alimony.. my inlaws just want to throw me out of my matrimonial home.. this is why they create pressure on me by filing court cases..

Eviction from matrimonial house will be impossible to grant but in High Court you must also raise the defense of "suppression of material fact" if they have suppressed, before the High Court, the other cases pending with respect to the property and/or other cases filed by them against you. It is a procedural defense but why do you care if it helps to get the appeal thrown out?  

The ownership status (title) and who lived there and how long will all come into play when applying the law to determine if it is your matrimonial home. Read Batra vs. Batra case of the Supreme Court (rather old by now) and/or any other cases derived from it.  The Batra case should be easily available on the net. It throws light on matrimonial homes with respect to property owned by in-laws. That case was not ruled in the wife's favor. You should be aware of it in case your husband/in-laws raise it before the High Court.

Disclaimer: I am not an advocate.