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My husbands has filed divorce but iam not ready what can i do.
24-Dec-2023 (In Divorce Law)
Hello Sir, I am belong to Hindu family. I got married 5 years ago. I gave a birth to baby girl. For extra dowry, my husband snapped me and beat indiscriminately and he gave telephone message to my father as that to take me for their house. Next day, my father asked him but he gave evasive reply and beat my father also. After that I filed a 498A case against my husband and his family members. I went to Womens court. my husband and his family members attended womens court for counselling. but he did not accept me for marital life. So, I filed DVC,MC case against him. Since 3 years I have been living in my parents house with my daughter. Now he applied divorce and also got stay order from high court against 498A case. My question is how to vacate stay order on 498A case ? Will he get divorce by high court without presence of me ? Can I get stay order against Divorce case from high court ? I want to go to matrimonial home. Please suggest me.
Hi,
High court never grant divorce.
You said that your husband got stay in 498A case means he may file quashing of 498A case or discharge petition.
You said your husband filed Divorce case against you, in that case from the beginning itself you have to show your interest that you are always willing to go matrimonial home and you have to deny all allegations leveled against you by your husband then you can definitely win the case and court never grant divorce with out having any justifiable ground.
You asked weather you get stay in divorce case from High Court.
Before granting stay by High Court firstly you have to explain why you want to stay divorce case and what are the consequences you will face when you won't get stay then High court using its discretion powers it may or may not grant stay.
High court never grant divorce.
You said that your husband got stay in 498A case means he may file quashing of 498A case or discharge petition.
You said your husband filed Divorce case against you, in that case from the beginning itself you have to show your interest that you are always willing to go matrimonial home and you have to deny all allegations leveled against you by your husband then you can definitely win the case and court never grant divorce with out having any justifiable ground.
You asked weather you get stay in divorce case from High Court.
Before granting stay by High Court firstly you have to explain why you want to stay divorce case and what are the consequences you will face when you won't get stay then High court using its discretion powers it may or may not grant stay.
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27+
Adv. Sai Krishna Reddy Challa
Nellore | 25+ Answers
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Hi
A stay order from High court does not any way affect your rights in 498 A case.
You should approach the high court and get the stay in 498A case vacated.
The high court will remit the matter back to trial court and the trial court will continue the proceedings in 498A,
High court will NOT grant DIVORCE in any case as it does not have any powers to grant divorce.
Please be aware that High court is an appeallate court and does take in to its hand the powers of a trial court.
Only the trial court/Family court has powers to grant DIVORCE.
A stay in 498A can easily be vacated at high court
Hope this information is useful
A stay order from High court does not any way affect your rights in 498 A case.
You should approach the high court and get the stay in 498A case vacated.
The high court will remit the matter back to trial court and the trial court will continue the proceedings in 498A,
High court will NOT grant DIVORCE in any case as it does not have any powers to grant divorce.
Please be aware that High court is an appeallate court and does take in to its hand the powers of a trial court.
Only the trial court/Family court has powers to grant DIVORCE.
A stay in 498A can easily be vacated at high court
Hope this information is useful
Helpful?
35+
35+
Adv. Rajagopalan
Hyderabad | 500+ Answers
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In divorce matter, if u r not filing any vakalat after receiving summons from Honorable court in divorce petition, it may decide in ur absence as ex parte decree, if u contest the matter properly it is too difficult to ur husband to get divorce from U
Check Honorable High court grant stay on proceedings in 498a or arrest of accused in that matter, mostly in criminal matters no stays granted on proceedings, if the Honorable high court thinks fit it may quash the proceedings in criminal matters
U contest ur divorce matter properly by appointing a trusted advocate U definitely get success in this matter,
U already filed DVC, wait for orders in it to go to ur matrimonial home with authority or done some mediation to settle the matter amicably
Check Honorable High court grant stay on proceedings in 498a or arrest of accused in that matter, mostly in criminal matters no stays granted on proceedings, if the Honorable high court thinks fit it may quash the proceedings in criminal matters
U contest ur divorce matter properly by appointing a trusted advocate U definitely get success in this matter,
U already filed DVC, wait for orders in it to go to ur matrimonial home with authority or done some mediation to settle the matter amicably
Helpful?
33+
33+
Adv. Basa Appala Reddy
Visakhapatnam | 25+ Answers
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