Legal Question in Family Law in India

There is a False DVC( Domestic Violence) case against Husband and 5 other respondents. Out of these 6 respondents, Resp 5 and Resp 6 are not part of Husband family. So planning for quash in AP HC for Resp 5 and 6.

Questions :

1. Usually interim stay is granted along with Stay on further proceedings, so normally Resp 5 and Resp 6 are given exemption on personal appearance in Lower Court/Trail court during the Stay duration . However since stay is on further proceedings, theoretically nothing would be running in Lower court/Trial court. Even for Resp 1 to Resp 4 going to Lower Court/Trial is meaning less during this Stay duration. So is it possible to get personal appearance exemption for Resp 1 to Resp 4 also during the time of interim stay ( by adding in quash petition prayer etc) while filing for quash petition for Resp 5 and Resp 6 ?


Asked on 9/02/11, 9:12 am

2 Answers from Attorneys
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

once the stay is granted restraining the lower court from proceeding further with the case, there may not be any need for appearance in the court. once the stay is vacated, then you may go for permanent exemption u/s 204 of Crpc.

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Answered on 9/02/11, 9:24 pm
Sanjay Kalra Sanjay Kalra & Associates

The file of the lower court would be before the High Court ,so no one is required to appear before the lower court.

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Answered on 9/08/11, 2:58 am


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