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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 (8)

Answer #1
587 votes
hi sir, you can move stay vacating application, and after arguments is done, the court will decide the case on merits and pass the orders, kindly contact me for filing application for vacating stay and proceeding further with ur divorce case, thanks
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Answer #2
723 votes
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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Answer #3
640 votes
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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Answer #4
662 votes
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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Answer #5
762 votes
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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Answer #6
782 votes
Dear Sir,
Normally, as per the statute and circulars issued by the High Court the Divorce case is to be concluded within 12 months. You may approach High Court and the Family Court Judge will be directed to dispose your case within next 3-6 months on priority basis. Without divorce leaving with another women is an offence but you may manage it.
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Answer #7
759 votes
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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Answer #8
880 votes
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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