How to proceed in Lower court when HC has called records/file
Dear Sirs/ma'ms
I filed case under 13 on cruelty grounds. In my Case 2 issues were framed, 1st divorce may be granted and 2nd Jurisdiction of the case.
Judge heard 2nd issue first and gave order that jurisdiction exists and thereby we won on Jurisdiction. But 1st issue is still pending. In meantime opposition moved to HC against jurisdiction of the case. The case admitted without our knowledge even we filed caveat. HC called record from lower court after admitting the case. But has not given stay order till date.
We want that case at lower court may continue to proceed. Other party is not allowing to proceed and asking Judge to wait till HC decides the matter, Also now file (Lower Court Record) has been called by HC. How can we continue to proceed in Lower Court and how we peruse judge to start hearing on 1st issue.
HC ORDER IS AS QUOTED BELOW-
" 1. Heard.
2. Admit.
3. Issue notice to respondent by registered post A.D. as
well as Courier as approved by Office Memorandum dated
15.12.2015 under Order V, Rule 9(3) C.P.C. returnable at
an early date.
4. Call for the record of the Court below.
5. Steps be taken within a week."
Asked 8 years ago in Family Law
Religion: Hindu
Dear Sir,
Please Advice me that is there any way to appeal in HC or SC and request that First Appeal filed by opponent is just to linger on the whole case and therefore Court may grant stay in the process of First Appeal and direct Lower/Family court to first complete the whole case within 30 days and then hearing on first appeal filed by respondent in HC may be heard.
Asked 8 years ago