• Stay on Family Court Order

In case the Honorable Family Court passes an order on my application in my favor, i understand that the opposing party can appeal to the High court against the order. Would like to understand:

1. Until the Honorable High Court gives a Stay order, the Family court order is valid. Is my understanding right?

2. Can the opposing party seek a stay order in the family court itself stating its their right to appeal in the High Court. Can such a stay be provided by the family court?
Asked 7 years ago in Family Law
Religion: Hindu

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3 Answers

1) till stay is granted the order of family court is valid

2) opposing party can seek stay of the family court order . However family court would be reluctant to grant stay

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. yes unless and until the high court stays the order challenged before it the order remains in force.

2.No,the same court after passing the order can not stay its own order. only the higher court has right to do so.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

1. Yes. You have rightly understood that unless and till the said order passed by the family Court has been stayed by the higher Court, the said order is enforceable.

2. No Court can pass an order staying its own order. It shall have to be passed by its higher Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

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