Take Stay against order from High Court
Please go through my case:
1, My wife filed a case under section Crpc 125 Maintenance in Family Court in year 2013. She served me notice of back date alongwith wrong documents on the date of DV case, which she also filed me against in the another session court.
2. After getting notice, I went two-three times in the family court and checked the proceeding in the ordersheet, each time I saw the proceeding was in the stage of "Vaste-Intezaar Tamil". So I got relaxed by this case in thought of the new notice will generate and again to serve me by the party. And I not inquired about the case afterthat.
3. After 1 and half year I got to knew from somewhere else, that she already done the Ex-Parte in this case wrongly and issued the order of Rs. 6000 per month as maintenance against me, while she is well qualified, earning and income tax payer.
4. And one another case for Execution of Recovery of Money is running against me. With wrong intention she did not send me any notice for this case, because she wanted the money is adding month by month.
5. As she knew that we now knew about this case. She immediately issued the warrant of Rs. 1.5 Lac.
6. For taking the stay against this recovery of money order, we filed the Ex-Parte set aside application in the same family court as suggested by our lawyer. The case is running in stage of Reply of her. And this case can take many of month to stay against order.
7. She issued a Warrant against me. So now I can't appear in the hearing of this case as well as in the DV case till I do not get the stay against this order. In the meantime my Lawyer is also influenced by that party and not giving proper attention to us.
8. Now we want to take the stay against this order from High Court. But our lawyer is misguiding to us. Our lawyer said that now you can't file any appeal or application against this order in the High Court. As you already filed the case in family court, first this application will decide then you can do something else.
9. While according to discussion with another lawyer we can file the stay application in the High Court against case of Recovery of Money and take a stay easily. Now its a confusable condition.
Please do the needful and suggest there is any way to get stay against this order at earliest from High Court.