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is it legal to get remarried if stay application is filed


08-Aug-2023 (In Divorce Law)
I got divorce decree in Hindu marriage act on grounds of cruelty ,Got order copy on 22 March 2016. My ex-wife filled appeal in High court against divorce decree on 7 May along with stay Petition. I was given 15 days to file counter for that stay petition. But I didnot file any counter til date. Thus, both the appeal and stay petition are pending, but not admitted till date. Now Can I remarry in Mid August as stay application is just filed, but yet to be granted? If I remarry, Is it punishable in jail terms?
Answers (2)

Answer #1
936 votes
Dear client yr ex wife has filed appeal in high court in limitation period. So its good not to get remarried till final disposal of appeal in court. If u get remarried during appeal pending and if order goes against u then yr second marriage will also come in problem. For any legal help call me

Adv prasad patil

Pune
Answer #2
904 votes
Yes !!
remarry during pendancy of first is punishable as equal to second marriage during first marriage.

And if stay application is pending and it is well within limitation and you have not attended the court to submit your reply, then it may be worst trouble for you because generally high court grants it on women side.
(You should not be such irresponsible)

And if the stay application (interim) is not decided, and date is far long then hire a lawyer from your area and submit your reply.

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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