the wife filed a DV case against the husband and his Parents and filed an application u/s. 23(2) of DV Act which was allowed by JMFC vide Order dated 16-1-2018.Thereafter the Husband filed application dated 15-2-2018 u/s. 25 of DV Act before same JMFC for modification / vacating ex-parte order. the Wife filed Reply thereto and objected to the application dated 15-2-2018 filed by the Husband. But the JMFC passed an Order on the application dated 15-2-2018 u/s.25 on 15/3/2018 filed by the Husband and fixed the date of the original application u/s. 23(2) filed by Wife for hearing on 17/4/2018.
Being aggrieved by Order dated 15-3-2018 on application u/s. 25 of the DV Act, the Wife filed Appeal before the Session Court with an application for interim Order to stay the further proceedings in JMFC but the Appeal was fixed for an argument for admission after four days on 20-4-2018, but in JMFC court, the date had already been scheduled before the date in session,17/4/2018, and hence, the wife informed the JMFC about Appeal filed by her against Order dated 15-3-2018 and interim application for stay, but the JMFC passed the Order and vacated ex parte Order dated 16-1-2018, therefore, in session Court on scheduled date on 20th, the Wife made the argument and filed an application in the aforesaid Appeal in Session Court for urgent Stay Order on order 15-3-2018 and restoring original position and consecutively quashing and staying Order dated 17-4-2018 passed by JMFC whereby the JMFC vacated ex-parte Order. But Session Court refused to grant any stay on Order and further rejected the Application by saying that the Order dated 17-4-2018 cannot stay because the Appeal is filed against Order dated 15-3-2018 and not against Order 17/4/2018.
But Wife’s contention is that she needs not to file any new Appeal against Order dated 17-4-2018 because the order dated 17-4-2018 is the outcome of Order dated 15-3-2018 against which she had already preferred appeal in Session Court and not only that but she had already made prayers in Interim Application dated 20-4-2018 for quashing and staying Order.
this is your case, as far as I can understand. I have written almost the same thing although more clearly. you had filed an appeal against the order dated 15/3/2018. in this order, the JMFC had only set a date after hearing the objection application( and the subsequent reply). therefore, this order was the one against which you went in appeal.
that means you went in appeal against "whether hearing on the ex-parte order and fixing of the date was legally sound or not."
This order has been decided in appeal and nothing else. After 17th you should have filed another appeal before the ASJ against the order dated 17th April as the appeal against the order dated 15/3 became infructuous on 20th April.
the appeal on the 20th April was infructuous.
your contention is wrong. under the challenge was the order of JMFC. the judge was obligated to hear that only.
therefore do the needful.