Legal Question in Family Law in India
There is a DVC case filed by wife on husband and 5 other family members of the family. Current stage is , husband have filed counter reply for allegations mentioned in the complaint. There is no decision/interim order being made so far. Now If husband family go for Quash on the 5 other family members in HC and get an interim stay on the proceedings, is there any possibility for wife to initiate any interim maintenance related proceedings during stay in lower court ? Please clarify.
My understanding was until the stay is vacated in HC, any further proceedings in the lower court will not happen.
4 Answers from Attorneys
One cannot predict the order to be passed by the HC on your proposed quashing petition. An appropriate advice may require perusal of your case file. Better consult a local lawyer and show him your papers.
without hearing both the parties no order will be passed by HC
No she cannot initiate proceedings
in case a stay is granted, interim proceedings cannot take place but there is no point approaching HC for stay and try to prove the falsity of the complaint in trial court itself.
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