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satnam singh (job less)     09 November 2011

How to execute hc order??????

dear experts.

 (1)   In  u/s 498a,120b,406 HC give  order  that " proceedings will be stayed and girl's side misused the process of law"  

after this wife again put case of domestic voilence with same matter  and demand for 15 lac Rs. and 50k per month. I did't take summons and pray for quashing  in HC  . HC give following order that is:-

(2)above written HC  case and order is joined with domestic voilence quashing case. and physical presence is exempted .  and same  date of motion is given of both cases. please answer me followings that is:

a)  order of first case(1) and order of second case(2) will be jointly execute?????? i.e stay is not mentioned in second order( dv case) .  will it be asumed stayed or not?????

my HC advocate says that it is understood that domestic voilence case is also stayed   becouse first case and second cased is joined together. but my lower court advocate says that in  DV case "stay" word is not used. may lower court will not consider

 

Please clearify the above?///

 

 

thanking you



Learning

 2 Replies

Rajeev Kumar (Lawyer/Advocate)     09 November 2011

Dear satnam Your HC advocate is right as the both cases are jointly tried so it need not to have a seperate stay order for each case. Your both cases are joint then why the seperate stay order is needed.

satnam singh (job less)     10 November 2011

thanking you. it means my lower court advocate is misguiding me?


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