Learneds Sir,
In a DV case, after concluding the comprehenive trail, the Hon'ble trial court has rejected the petiton without giving any particular reasons or findings. However, after dismissal, complainant has appealed as well in sessions court. However, in trial court has filed another 2 seperate application 1. U/s 20 (6) of DV Act for recovery of interim maintenance 2. U/s 31 of DV Act, making me as accused saying not paid the money hence husband should be penalised. These applications are registered as two seperate criminal missellencious cases in same trial court which has rejected her DV main petiton.
Hence, the following questions are getting arised, request your expert adivce please.
1. Are these application still maintainable ?
2. If maintainable, can husband gets chance to file objections ?
3. Does husband needs to take bail for application filed u/s 31 of DV Act.
4. Can Hon'ble High Court intervene and stay these cases as appeal is pending at sessions court ?
5. Or Husband needs to approach Sessions court for stay on those two proceedings ? under what provisions, he may do so.
I would sincerly appreciate any help regariding above queries.
Thanks!
