quesBrother's wife filing useless applications in court. How to avoid it?

My 498A case was quashed in December 2012 by the High Court. There was no appeal filed in the supreme court by them. But in October 2013, a Civil Defamation was filed from my brother's side. Now my brother's wife has filed an application for re-hearing in the same High Court. 


My questions: 


1. Is it admissible in the same court? 


2. Can I approach the Supreme Court? 


3. I received a notice. What can I do as they are giving tension to my family by filing useless application.

  • ans 

    This advice is purely on the presumption that your 498A case was quashed in December 2012 by the High Court in some settlement, and your brother was a party to the same. It is not clear why your brother has filed the October 2013 civil defamation.


    It may be noted here that the application for re-hearing in the same high court is a repercussion to the same and / or in violation of the same settlement. At this stage, you may raise objections to said notice before immediately rushing to the Supreme Court. You can file contempt petition if the need be.


    The High Court has ample powers under writ jurisdiction and other provisions for parties for redressal.


  • Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Family Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or book a Detailed Consultation with a Lawyer of your choice to address your query in detail.
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