Legal Question in Family Law in India

Hi All,

My Borther wife filed dvc case last yer oct'08 to entire my family(my wife, my sister,my sister husband and my parents). that time my lawyer applied stay in high court to removing all the family members expect my brother.So stay is going on high court. In lower court every month in twice they are giving dates, but no hearings because the stay in pending high court. in this dates in lower court, my brother wife was coming every date. but we are not attending the lower court this dates(hearing dates) including my brother also.

My clarification;

My brother was not in stay but expect my brother we are in stay.My lawyer said no need to attend your brother also in lower court, so based his suggestion my brother also not attending the court past 10 hearing dates. But my brother wife asking to judage why husband was not attending the court(he was not in stay), the judage said, they are in stay like he said.

1) If my bother was not attending the court is thier any problem?

2) if we get the stay expect my brother, he will also no need attend the court?

3) Court will give any warnt to my brother based on her wife presser.?

Hi, above my previous question

Thanks for giving suggestion. I have few more clarifications

In the DVC Case stay order high court clear in mentioned, until close the stay in high court, no hearing in lower court(just they are giving dates in family court every time). In the stay order my lawyer applied, my parents, my sister& husband, me & mywife expect my brother(total 6 members). So in that case my lawyer said, no need attend your brother also in lower court, because there is no hearing just they are giving dates only,until close the stay in highcourt. So my clarification until close the stay in highcourt there is no hearing in lowercourt,just they are giving dates only so in that case if my borther attending the court is their any problem, because he was working in different city, without going any hear in lower, if he attending the court very difficult(because only of dates). Please give me clarification.

We applied stay in high court regarding, we need remove all the 6 members in the dvc, because there is no presence expect husband.Still case was continueing in high court.

Please let me know the clarificaiton


Asked on 9/29/09, 9:50 pm

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

If there is no stay against proceedings in trial court, the accused has to appear even if the date is just formal and nothing is taking place. The accused may seek 'exemption' from appearance by filing appropriate application.

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Answered on 10/01/09, 11:14 pm


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