Reg - Stay provided by high court to my mother, sister, brother but not to me in DV case

5 years ago

Sir, My wife filed Domestic Violence case against me, my mother, sister and brother. I went to high court and applied for quashing under sec 482. High Court provided stay on My mother, sister and brother but not to me. Now in lower court matter is running and Rs 6000 has been passed by lower court as interim maintenance which I am paying regularly. But due to stay on my mother, sister and brother, the cross questioning of my wife in lower court is not possible and the judge of lower court is telling to withdraw the case from high court.
I don't no what to do. Please guide me what should I do. Should I withdraw my case from high court. If not to withdraw from high court then what will happen in lower court.

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ARPIT BATRA

Responded 5 years ago

A.Keep pusuing your case in High court only.

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GANESH SHARMA

Responded 5 years ago

A.Do no withdraw the case in any situation. Lower court cannot insist you for the same

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Anonymous

Replied 5 years ago

Thank you very much sir. Then what to do next ?

GANESH SHARMA

Replied 5 years ago

Carry on with your case

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client kindly continue with high court case. Don't withdraw it. deal your case on merits.if you withdraw your case then your wife case become strong one.

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Anonymous

Replied 5 years ago

Thank you very much sir.

Sanjay Kumar Jha

Responded 5 years ago

A.Dear client , you have not said , quashing for what, cognizance or FIR, . You should not withdraw the 482 case . Rather get direction from HC to do trial expedite or rather acquit your family .Or if any adverse order is passed then file a writ or mention a reminder with quashing if it is pending.

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Anonymous

Replied 5 years ago

Thank You very much sir for your prompt reply. Its not an FIR, just allegations on me and my family members.

Sanjay Kumar Jha

Replied 5 years ago

You mean Complaint petition , then 482 for cognizance order by court below.

Manjula Shanmugasundaram

Responded 5 years ago

A.No. Withdrawing may not be a good idea. Try to speed up the case before the High Court. If your mother is a senior citizen, you can try petitioning based on that ground.

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Anonymous

Replied 5 years ago

Thank you very much mam for your prompt reply. Can I go for IA in high court.

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