Divorce case stayed in high court

Question

Divorce case stayed in high court

01-Sep-2023 (In Divorce Law)

My wife has put a stay on my case in high court and is now demanding maintenance.She has asked for my Income tax returns as well. She is not ready to come to a mutual settlement and plans on just extending this for years together. I need a decree atleast to move on.please advice if stay is removed what I need to do asap

Answers (7)

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Adv. Suma BK Adv. Suma BK

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Advocate Ayantika Mondal LawRato · Accepted Answer · 2021-09-01T18:20:34+05:30

Answer #2

Is the stay on the divorce case put because of non-payment of maintenance by you or does it have any other reasonable cause to put an stay. If you could brief the facts. As you have a option to vacate the stay by moving to the court where stay was granted. After the court hearing, if Judge would be satisfied he will vacate the stay and you can proceed with the petition.

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Advocate Bhagya C H LawRato · Accepted Answer · 2021-12-12T17:31:21+05:30

Answer #3

okay I understand your question so you only move the mamo for posting and arguevth Ed mate Ed mat be your case is e xparty divorce or contested you are not mention in your questions so you only move t h e mani it will posted thank you

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Adv. Bhagya C H Adv. Bhagya C H

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Advocate Kishan Dutt Kalaskar LawRato · Accepted Answer · 2021-12-15T10:42:17+05:30

Answer #4

Dear Sir, You have not cited any reason as ti why your Divorce case is stayed by High Court. Normally, Divorce cases may not be stayed by the High Court. The recent Supreme Court Judgment says that, the stay given by High Court cannot be extended beyond 6 months. Please discuss in person with me and resolve your issue.

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Advocate Ashok Kumar LawRato · Accepted Answer · 2021-12-20T00:38:53+05:30

Answer #5

Do you have children out of your wedlock..? You can show them as the grounds to expedite the proceedings at high court as well as trial court. Or we can file a stay vacation petition at high court for further steps in the trial court.

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Advocate Priyanka Y LawRato · Accepted Answer · 2022-01-13T21:00:58+05:30

Answer #6

No, unless your matter comes to a conclusion, legally you will not be able to marry anyone else. You’d have to get your pending matters disposed off expeditiously and obtain a divorce so that you can move ahead.

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Advocate Rajesh K.S LawRato · Accepted Answer · 2022-01-17T14:24:15+05:30

Answer #7

As per law you can't marry anyone unless the court passes Judgement And Decree by dissolving your marriage. If it is getting delayed then you can file a petition before high court and request to direct the subordinate court for a speedy disposal of the case. You can live with your partner in a live in status but still if your wife will get any evidence regarding the same she can use it as a evidence before the court against you by tarnishing your image

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