A 125 CrPC case is in Trial court which gave an order on an intermediate application filed by a respondent-husband for calling extra evidence to prove that wife was maintained. The order which was turned down was challenged in the High Court. The Writ Petition number filed in the High Court was given to the trial court. The Trial court without waiting for the high court order has issued a final order. The final order of the Trial court acknowledges the WP no, that says the mediation failed.
In this context what is the scope of WP, can this still be valid in the High Court.
Asked 3 years ago in Family Law from Navi Mumbai, Maharashtra
1) you will have to challenge final order passed by trial court. Before the high court
2) no stay was granted of proceedings before trial Court by the high court
3) hence trial court proceeded further with the hearing and passed final orders
4) writ petition would be infructous
1. The W.P. should have been drafted and prayer should have been made apprehending the step takien by the lower4 court,
2. The W.P. should now be with drawn and fresh application is required to be filed by challenging the order passed by the lower court.
The orders of the writ petition and the trial court are to be seen for giving a proper opinion. May be you have wrongly interpreted the both the orders and feel agitated or aggrieved.
However from the contents it can be assumed as per the orders in writ petition, the mediation so ordered failed to arrive at any decision amicably between the parties hence the trial court proceeded with the pending case as per provisions of law. Thus, in this context if the orders of the writ was only for mediation for amicable solution which unfortunately failed, there is nothing left in the writ which was disposed accordingly by the high court.
1. The WP has lost its sheen in view of the fact that the trial court has passed the final order.
2. Unless a stay was ordered by the HC the trial court was at liberty to proceed ahead and pass the final order.
3. You may withdraw the WP and opt to challenge the final order of the trial court.