Highcourt 498a quash requested by husband

957 votes

The client should not proceed merely on verbal assurances. The first step is to obtain and verify the High Court case status and the actual order sheet. > Do not rely solely on your advocate’s statement that the matter is “near final arguments.” If the official case status shows “For Admission,” immediately obtain the latest order sheet and the complete petition/counter record. Ask your advocate in writing whether any counter-affidavit has actually been filed and what procedural step is presently pending. As regards vacation of the stay, it is not correct to say categorically that there is “no chance.” Depending on the nature of the stay order, subsequent developments, delay, prejudice, and the merits of the quash petition, an application for modification/vacation of stay may be maintainable. The appropriate remedy must be decided after examining the actual stay order and case record. Do not wait until final arguments merely because you have been told so. First verify the official proceedings and obtain a copy of the latest order. Thereafter, your new counsel can assess whether an application to vacate/modify the stay, an objection/counter, or any other appropriate procedural step should be taken.

Advocate Pavani Kumari LawRato

803 votes

A High Court stay continuing for a long period does not necessarily mean it cannot be challenged. The first step is to check the actual High Court order, the case status, and the nature/duration of the stay. Depending on the circumstances, you may seek vacation/modification of the stay, early hearing, or appropriate directions for disposal. Do not rely solely on the online case status, as it may not always reflect the latest proceedings or orders. Ask your advocate to provide you with a copy of the latest High Court order and explain the present procedural stage and the remedy available. If you are not receiving proper information, you may obtain the case papers and seek a second legal opinion. For a detailed assessment and further legal assistance, you may visit our office with the relevant case papers and High Court orders.

Advocate Mrudhula Jahnavi LawRato