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Appeal has been done by in high court after divorce has been granted


10-Sep-2025 (In Divorce Law)
Divorce has been granted for me in district court in aug 2024 and now after this many months my husband filed an appeal in divorce at high court. Two he filed one delayed petition and another stay order. After I got divorced and after this months again he went for appeal what can be done now how the court allowed it so many months
Answers (3)

Answer #1
769 votes
The District Court decree of divorce becomes final unless challenged within the prescribed limitation period (normally 90 days). If your husband filed an appeal after many months, the High Court would have considered a delay condonation petition under Section 5 of the Limitation Act. Courts sometimes condone delay if “sufficient cause” is shown, even after long periods. You should strongly oppose the delay condonation by filing a counter-affidavit highlighting lack of bona fide reasons, misuse of process, and the fact that you have already been granted divorce. You may also move an application to vacate the stay order and request the Court to dismiss the appeal as time-barred. The next legal step is to contest his appeal on limitation grounds and press for early disposal in your favour. A well-prepared counter through your advocate can protect your decree of divorce and prevent unnecessary harassment.
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Advocate Pavani Kumari

Adv. Pavani Kumari

LawRato Guntur | 400+ Answers
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Answer #2
954 votes
hi first need to see the status of the case pending in high court and whether summons were served to you in the case and if there is any stay passed in the matter then you could file petition in the case to vacate the stay
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Advocate Baddam Aravind Reddy

Adv. Baddam Aravind Reddy

LawRatoSecunderabad | 1000+ Answers
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Answer #3
611 votes
When a divorce decree is passed by the District Court, your husband has 90 days to file an appeal in the High Court under Section 28 of the Hindu Marriage Act. If he missed this deadline, he must file a delay condonation petition under Section 5 of the Limitation Act, explaining valid reasons for the delay. The High Court will first decide whether to condone the delay. If the delay is not justified, the appeal will be dismissed at the threshold. If condoned, the appeal will proceed. The stay petition he filed seeks to temporarily suspend the divorce decree, preventing you from remarrying until the appeal is decided. You must file a strong counter affidavit opposing both the delay condonation and the stay petition, emphasizing his lack of diligence and prejudice caused to you. If the stay is not granted, your divorce remains valid and enforceable. Act quickly — a proper reply at this stage can get the appeal dismissed. I can help draft a strong counter to protect your rights.
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Advocate Sujith Kuchipudi

Adv. Sujith Kuchipudi

LawRatoRajahmundry | 50+ Answers
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