Legal opinion sought.
In a DV case the wife has obtained an order for maintenance in her favor in the final verdict. The aggrieved husband has gone in for an appeal in Sessions court under section 29 of the act within the stipulated period and the same has been admitted. He has also filed petition for stay of MM court’s order. A notice had been issued to the wife from Sessions court. She had made her appearance and filed a counter. Sessions court has called for case records from lower court and the same is awaited since more than 4months. In this scenario the wife has recently filed a petition against her husband in lower court for disobedience of MM court orders, contempt of court orders and to attach husband’s salary and recover her dues. A notice has been served on the husband.
When the matter is under consideration in sessions court and it has called for lower court’s records whether the MM court is empowered to proceed with execution proceedings against husband? Does the act of MM court in delaying the sending of its records to higher court by more than 4 months not amount to disobedience of higher court’s orders?
