Stay order

Was the order passed on GWA petition  or under DV ??

Yes if there is no stay the lower court order subsists and it is contempt not allowing you to meet the child. Normally such appplication challenging visitation won't succeed unless grave circumstances warrant reversal, for visitation is a right and in normal circumstances conducive to child's welfare.

my lawyer told me that just because my wife has applied for the stay and matter is subjudice, it can't be considered as contempt if they don't allow to meet even if there is no stay...my view is ..in that case matter will always be subjudice because she has option to apply in HC and SC also after the session court....

In this matter, ur advo is wrong. til there is no stay order, it wil be contempt of court.

But the practical issue is: how to make ur CONTEMPT APPLICATION WORK. Courts are overburdened, u wil apply for contempt, she wil file reply then arguments & decision. Meawhile there are very many chances that higher court gives stay. In that case, law point wil arise....that on the date of filing contempt application she stood guilty. So why not punishing her? Now its upto dealing judge to take serious note of this happening or see through the fact that stay is already in place!

Most of the times....procedures are there but delay in legal process mars the show

hoice is urs

I believe there will be time gap between application of stay and grant of stay from court.

 

Till court does not grant stay (even after fillig for stay) , you can file contempt of court if visitation is denied.

 

Note : Above is my understanding of law, and i am not a lawyer.

Hello Members,

Today i got the news that my wife has got the ex parte stay order from session court on child visit order...I don't know how is it  possible bcoz there is nothing mentioned about any stay order passed in the notice I got from session court...in the notice i am asked to appear on the mentioned date only with the attached appeal and stay application copy...it is also shocking because i already had filed the caveat in the session court 3-4 days before my wife applied in session court..

pls guide if both the above mentioned actions are normal according the law or what should be done.

Thanks

Experts...Any suggestions??

Please check your inbox.

@ Never Give up....you asked your query not reply to my question...I have provided you the reply.

Experts.

Please give your inputs.

Thanks

Hi,

 

As i understand from your last question, i think what you got is summons to appear before court. Check for dates to appear before sessions court and appear accordingly.

thanks Nver Give up..

I know i have to appear before the court according the date given in notice

Pls read my query again.

Thanks

Hello Members,

any expert view on my query?

Thanks

If u have caveat standing in the court, how come exparte stay orders are passed.....not possible!

Check with the court clerk....what is the matter? She may be having appeal+stay application only. I donot think any stay wud have been granted.

Update us!

secret is out....

Session court has passed the ex party order...given ref of my caveat also in the order..but court thinks "if the impugned order is not stayed the very purpose of the appeal is likely to be defeated and on the contrary no loss or harm is likely to be cause to the respondent"......later in the order court has directed to issue the show cause notice to me as to why the stay should not be confirmed till final disposal of the appeal...

but the notice i got from session court to appear in court today, it's no where mentioned in the notice that any stay order is passed against me or any show cause notice..when i questioned the judge that i was not informed about any stay order..he just checked with his clerk and directed him to give me one  copy of order now.... when i gave ref of my caveat and asked why i was not heard before passing the stay order and in that way the purpose of my caveat is also defeated..then judge told that he has some discretionary powers and if i m not happy i have remedy in high court...

today

experts..pls give your views...

thanks