Legal Question in Family Law in India
My wife has filed the restitution of conjual rigts case after one year she had left the house.I agreed for the restitution of conjual rights.But she is not interested to come back and she is not telling frankly in the court also so she is dragging the case unnecessarily for more then two years.Now also it is going on.
Now in 2010 she has filed another one case(the domestic violence case) againts me and my parents in separate court after 2 years she had left the house.It is a new case for harrasing me and my parents.In that case she is asking maintenance.But currently i am unemployed and i do not have any income.
As per our advocate advice we applied in high court for quash these petition(domestic violence case).The first hearing was happened in nov 2010 for admission and notice was sent to my wife.But still now it is not listed in high court for further proceedings.
My question is
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1,Why delay in high court for second hearing(not listed till now)?.
2,Normally How long it will take to quash these petition?
3,Even though we got the case no in high court for quashing,these case is going on in lower court also. Whether we have rights to temporarily adjourned these second case(domestic violence case) in lower court until it will get over in high court?.
Please explain.Thanx in advance.
1 Answer from Attorneys
a specific date is given by the high court for the next date of hearing so there is no question of an inordinate delay. secondly, have u filed an application for grant of stay of proceedings at the lower court. if no, then the proceedings at the lower court as well as high court would go simultaneously.
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