Re marriage while stay for appeal against divorce still pending


My wife appealed my divorce decree of lower court in high court. Stay petition is pending. What is the difference if stay petition allowed and if stay petition is pending? Can I marry again if stay is pending? What's the difference.

Answers (2)


274 votes

Hi
In matrimonial appeals it is not necessary that a stay should be allowed or pending. You should get the appeal itself dismissed and get married. please submit an expedition petition and get your case listed before the bench


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245 votes

Sir you are not legally entitled unless the High court has finally disposed the petition.Stay petition is allowed then only it shall be disposed.So you cannot remarry at any point of time unless the matter is finally adjudicated in High Court, although you have been granted divorce in trial court.If you marry while the matter is in High court is shall be Bigamy and other Sections of I.P.C may also be applicable.
Regards
Balachander Reddy,B.Com, LL.B,LL.M IPR
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