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Wife filed a stay application in high court on the decree of divorce


22-Nov-2023 (In Divorce Law)

Hi I am 31 year old and I got married in 2008 and but my wife not want to stay with my parents so i file case of 125 in 2009 then amend 9 to . and in 2015 i got degree of divorce but my wife file FA in high court in 2015 and stay my second marriage. but I want to do second marriage. please help me.

Answers (3)

Answer #1
939 votes
Dear Sir,
With reference to your above query, I would first request you to be specific about the facts and case. However, what i understood as per your mail and on the basis of the same, if high court has stayed your second marriage, You could approach Hon'ble Supreme Court for challenging the same. In case of any further information, please feel free to revert to me. Also, in case you want to do the same, you can contact me.

Thanks
Mayank Upadhyay
Advocate
Answer #2
611 votes
First of all be clear on facts. You are husband as I get from reading of the query, so if you are husband then I am surprised that you filed application under section 125 of Cr PC then converted the same to section 9 which is restitution of conjugal rights after converting it to restitution of conjugal rights you got decree of divorce. I am amazed.
but still if there is a stay on second marriage then the only option you have is to get the stay order vacated from high court or to challenge the order of high court In supreme court
Answer #3
926 votes
appropriate application is to be filed in HC to get the matter listed and argued and dismissed. FA needs to get dismissed from High Court to resolve your matter.
You my feel free to contact for more details. we have successfully handled such matrimonial cases.

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

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