I have few questios. Kindly help
1. Can a modification of custody / visitation petition be filed in the same court(Family court) where it was ordered previously?
2. Domestic violence was proved in Magistrate court. Can I use this DV order in support for custody of children with me? I need relevant Judgements / citations so I can get custody of my children.
3. The respondant husband has not paid any maintanance for the past 4 year for me even after the court orderd maintenance for me and my children but claims custody and visitation. He keeps applying for set aside of the MC order in both family court and magistrate court where my Domestic Violence case was ordered. Can you provide me with appropriate judgements or citations supporting custody to be with me(Wife/ Petitioner)
3. When the protection order was issued and the magistrate court ordered maintanace to be paid for the interim period of the case proceedings, he filed a set aside petition in the same magistrate court. The magistrate court ordered him to pay atleast 50 percent of the maintainance amount within a month failing which his set aside petition will be considered dismissed. After one month on the day of hearing when he was supposed to be paying the maintainance he brought in a photocopy of the CA petition he file in the session court appealing for stay in the main DV case.
Date of order of main DV - 24 March 2015
Date of set aside petition filled in main DV case - April 2015
Date of order in set aside petition - 05 February 2016
Date of filing an appeal in sessions court to stay further proceeding in DV case - 29 February 2016
My questions are
a) Can he file the set aside petition in the same magistrate court in the first place
b) Seeing the photocopy of the Cerified copy of the adjudication that was handed over by the the respondent (not original), the judge gave another date on the day when he was supposed to be paying 50% or the setaside petition filed by the respondent was supposed have been dismissed. There was no official instruction/ order from the session court received by the magistrate court on that day. But the magistrate just gave a date instead of dismissing his set aside petition. What action can be taken against the magistrate as this is a clear violation of the magistrate violating her own orders that she had previously pronounced
c) Is his appeal in sessions court to stay further proceeding in the main DV case valid
d) how can I vacate this stay petition?
e) After filing a set aside petition and when that set aside petition is ordered in the same magistrate court but not executed yet, can he file a stay petition in the sessions court to stop further proceedings in the magistrate court?
Any help in this matter would be appreciated.
Thank you,
Maya
