The order passed is seemingly strange. Merely because the prayer for stay has been denied twice, is no ground to allow it on the third occasion if the facts and circumstances do not make out a case for stay. The wife should seek vacation of stay by the High Court, and if it is not vacated then she should go to the Supreme Court through SLP.
H.C. gave stay in contrary pleadings but in same circumstances
Facts 1 Wife (W.) filed Complaint u/s. 12 of DV Act .On same day Husband broke Locks of Rental Flat at City ABC and took her goods & ran away 2 Wife filed affidavit u/s. 23(2) of Act & Ex-Party Order was passed on 21/11/2016 to allow her to stay in shared house at City XYZ 3 But shared house was locked and so Wife put her Locks on house & informed to Court so that again Husband cannot run away by taking her stridhan lying therein. 4 On [deleted] Husband filed Appln. u/s. 482 of CrP.C in H.C. for Quashment of Order and staying it by saying that Wife put Locks on shared Flat. Wife Filed Reply disclosing reason & made declaration as under :- "Wife is ready to hand over keys of locks with prayer that Locks must be opened in her front & in front of Police so that she can take out her stridhan lying therein But Husband kept silence did not take keys from her" H.C. HAD NOT GRANTED STAY 5 They continued breaching Order. Wife filed Contempt Appln. u/s. 31 of Act. They were arrested & released on bail on 06/02/2017 to comply Order otherwise they would be arrested 6 They continued beach. In June 2017 wife filed Appln. u/s. 437(5) of Cr.P.C. Magistrate passed Order on 13-7-2017 and gave 1 more chance to them for 15 days to comply Order otherwise they would be arrested 7 Then on [deleted] Husband again filed Appln. u/s. 482 of Cr. P.C. in H.Court for Quashment of Contempt Petition & Order dtd. 13-7-2017 therein 8 Then again on [deleted], they filed Appln u/s.482 of Cr. P.C. in High Court for Quashment of same Ex Party Order dtd. [deleted] Two Orders by H.C. in 2 days :- (1) H.C, PASSED Order on [deleted] :- Ld. counsel for petitioners (Husband and his Father) submitted that under garb of impugned order Wife is trying to forcefully enter into house to harass them and there is threat of Magistrate to arrest them in compliance of order dtd.21.11.2016 and hence operation of impugned order be stayed. “I do not deem it proper to pass any order in the matter without hearing the other side” (2) After 2 days H.C, PASSED Order in Other Application on 28-7-2017 :- Ld. counsel for Petitioners submitted that Wife put lock on shared house & did not allow them to enter while Medicines of Petitioner No.2 (Father) who is suffering from various ailments are also locked in house &they are under serious threat of being arrested in compliance of Court order dtd. 21/11/2016. I say that though twice their prayer of granting stay is not acceded by this Court. Hence Considering situation, this time I am allowing prayer : “it is directed that no coercive action will be taken against Petitioners till further order Note : All 3 Applications u/s. 482 are pending in H.C. Querry Should I file Reply in H. C. OR make Appeal in Supreme Court OR file T.P. u/s 406 in Supreme Court OR ANY OTHER STEP TO ATTAIN JUSTICE. Guide HARIOM
Asked 8 years ago in Family Law
Religion: Hindu
9 Answers
1) file your reply in HC denying all allegations made by husband and father
2) court after considering your reply and hearing arguments of both parties would pass orders in application for quashing made by husband
3) dont file appeal in SC at this stage
1. Since the cases in HC are in interim stage the TOP wpuldnot be allowed.
2.For the same reason appeal would not be entertained in SC also.
3.Your only option is to get the quashing heard asap.
4. once you are unsuccessful then only file appeal in SC.
5.The owner of the flat if not husband can file suit for eviction of your wife and for recovery of possession.
Can I pray for some time by filling application as under :- 01. I say that all circumstances mentioned in the Stay Order are same (ditto same) since last 12 months and this Hon’ble Court 1st time held to not to grant stay in such circumstances and again 2nd time held to not to grant Stay in such circumstances But when the Petitioners made third attempts, this Hon’ble Court granted them stay in such same circumstances 02. I say that I am a lady and I am in person and I have been served papers only before one day and hence I could not consult any Advocate regarding options available to me in such case because I was not aware till today that third attempt qualify the Order prayed from same Court in same circumstances. Hence I pray that the matter may be adjourned to allow me to find out Rule and options regarding third attempt, in the interest of Justice. Is such application stating truth can be filed Guide HARIOM
Asked 8 years ago
Yes,you can raise these points for further hearing and filing supplementary affidavit.
1) HC are over burdened with cases
2) the next date would be after some months
3) you have sufficient time to file reply
4) no need to make application for time to file reply
It is better advised that you meet some lawyer in person alongwith all the documents so that an appropriate remedy can be suggested to you. To give a solution based on the limited facts is difficult. I hope you understand. Since the situation as asked by you involves questions of law it is advised that you take service of good seasoned lawyer.
Regards
Hariom
No your application is misconceived. Since you do not seem to have any training of law, engage a lawyer or seek assistance of a lawyer.
While the cases before high court have not been disposed yet, there is no question of preferring an appeal against it.
The court has passed an interim order giving you time to contest main petition.
Whatever you have mentioned here may be made as oral submission before high court and convince court seeking time for submitting additional counter affidavit