1-I have filed Domestic Violence case as I am residing in parents home after being driven out of matrimonial home in another city.
2-Summons were served.No one appeared.Exparty order passed after 4 months.
3-Opposite party appealed in sessions court and exparty order set aside with cost on them.
4-I gave aplplication under section 23.
5-OP filed Written statement.
6-After that OP hired new lawyer who gave an interim application that this DV case is not maintainable as DIR report is prepared by the DIO of my city whereas domestic violence took place in another city.It was dismissed by the Magistrate.
7-Now OP has appealed in sessions court.They have just mentioned Criminal Appeal and not mentioned any section.Their appeal has been registered.No stay was granted to them.Summons are yet to be served upon me in that appeal.
8-in the meanwhile for last 5 months nothing is happening in Magistrate court,OP Lawyers comes and give adjurnment saying appeal is pending.My lawyer argues that there is no stay yet OP lawyer gets adjurnment and fine of 200 rs or 500 rs is imposed on them,
9-Till now 11 times fine has been imposed on OP but OP lawyer has not given any fine to me.He says that when party will come personally than they will give he can not give from his pocket.But my husband and inlaws never come.Husband came once to file written statement to my section 23 application.
10-I consulted another lawyer who told me that without paying previous fine how can OP lawyer get adjurnment everytime and that my lawyer is not represnting correctly.
Please let me know
1) In DV case is appeal maintainable against an interim order ?If yes under which section?
2) Also new lawyer said that my application under section 23 was pending so that application should have been disposed first rather than the interim application given by OP questioning DIR after 2 yeas.So please guide is my new lawyer right?
Thanks.
