Stay order and NBW issuing

Sweet4you,

Whether the stay order issued by the High Court is with regard to whole case involving all the three respondents or it is with regard to the R2&R3 only. If it is with regard to R2&R3 only then the Magistrate is right in issuing NBW against R1 for non appearance inspite of service of summons.

The stay order is issued to R2 and R3. But the opponent lawyer says as the high court has asked to stop the further proceedings on the lower court case,which means R1 aslo included.This is ridiculous,becoz R1 is not included in the petition filed for stay at HC and how can he enjoy the benefits of the stay. And the opponent lawyer did not submit the papers of stay order to the court and said an excuse that the stay order papers are not signed by the judge at High court.

So how far this case can be considered. But the magistarte at Lower court postponed the case according to the stay time keeping in mind and also asked the opponent lawyer to submit thestay order papers to the court the next time.

As there is no lawyer for my case, i argued with the magistrate that R1 has not included in the stay,but she said the case proceedings needs to be stopped as R2 and R3 got stay from HC.

Please advice what can i do in this case and how should i proceed or do i need to wait till the stay gets vacated or can i appoint a lawyer before the next hearing date and ask her to follow any steps?Thank You

Greetings to you all,

First of all there is no need for the magistrate to issue warrants against R-1 in your case. If the summons are served on the R-1 he can either appear in person or through counsel. If he failed to do either of the things the Magistrate can proceed with the matter by setting him ex-parte and pass the orders in accordance with law. Then the complainant/aggrieved person can get the orders so passed executed as in a case of Maintenance case or as provided in the DV act. If the R-1 dis-obeys or contravenes any protection order passed U/S 18 of the Act, the complainant/aggrieved person can lodge a report before the court and this time after the service of summons if the R-1 doesnot appear the court can issue NBW. According to the act there is no need for the magistrate to issue NBW to secure the presence of the respondent in the first instance when the complaint is filed under the DV act.

Am planning to apply a stay order. So is this stay order will prevent  my fathers property not  tranfer to any "X" person by himself..