Hello,
has the HC provides any stay?
does he appear before the HC?
If there is no stay then ask the court to issue NBW against the person not attending criminal process.
Regards
Hi My sister won the divorce case in family court but his ex filed the case against the judgment in high court which he never attend any of divorce case date in family court. And when my sister filed the case on criminal court for her Jewell he against file the case in high court against criminal court which has been never pass because he never attend the criminal case date also
Hello,
has the HC provides any stay?
does he appear before the HC?
If there is no stay then ask the court to issue NBW against the person not attending criminal process.
Regards
You will have to contest the high court appeals.
Police should arrest him for not attending the criminal cases.
He might be on bail. If so file for cancellation of bail.
Thanks
did Husband file appeal within period of 3 months from grant of divorce to your sister ?
2) HC court may set aside exparte divorce decree in interest of justice
3)it is necessary to peruse orders passed by family court and criminal court to advice further
Than why are you worrying. Divorce is granted by lower court and no stay from HC. She is free to remarry and against criminal case, HC has not stayed the investigation. Mere filing of petition in HC against criminal case has no value until HC stay the investigation. Investigation will proceed and recovery by police.
Appeal against the order of the court is the writer of the opposite party as your sister have already filed case to recover the jewellery and the case is not being followed by the other party it is now the time to file writ petition in high court against the opposite party on the grounds of long pending recovery case
1. If the accused person does not attend the criminal case nor his advocate then the court can issue warrant of arrest. So ask the curt to issue such W/A if not already done.
2. If your wife is unemployed then she can claim maintenance in the appeal.
So what is your question and what do you want to clarify by posting this query.
As a matter of fact he has preferred an appeal as well as a quash petition, both before high court.
You can challenge both on merits through your lawyer.
You have not mentioned whether the HC passed a stay or interim order in favour of your sister's ex husband. If stay order has been passed in his favour then your sister can file an application for vacation of stay.
See if in criminal case he fails to.appear court can issue non bailable warrant against him though in case he has preferred quashing before the high court and stay is granted your sister has to contest same before the high court first so that quashing is rejected.
Similarly the appeal of divorce judgement has to be contested. In case he nas not attended or contested before the family court and directly approached high court the court may dismiss his appeal or provide him opportunity to contest him.he was not properly served with notice.