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Stay on divorce proceedings from high court
16-Aug-2025 (In Divorce Law)
Can a husband go to high court for stay on divorce proceedings initiated by wife and now the present stage of divorce case is in enquiry stage.
As wife has filed numerous false cases and thinking of obtaining divorce with husband and marry her boyfriend who are already in live in relationship.
Husband wants to settle all the cases at once but wife is reluctant and only want to give divorce to harrass husband in other criminal cases.
Can high court grant stay at this stage of divorce proceedng
A High Court generally does not grant a stay on divorce proceedings at the enquiry stage unless there is a clear jurisdictional error or abuse of process. Allegations of false cases and ulterior motives can be grounds to challenge the divorce petition through a petition under Article 227 of the Constitution or by seeking transfer/consolidation of cases. However, the Court will require strong evidence that the proceedings are frivolous or intended solely to harass. Otherwise, the divorce case will proceed on its own merits while you defend or contest the criminal cases separately
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Adv. Adarsh Kumar
Adv. Adarsh Kumar
Delhi | 400+ Answers
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There is no direct remedy for that but If you file a Transfer petition before High Court for transferring your case from one court to another court of jurisdiction, then you may ask for stay of divorce petition as an interim relief till the transfer petition of divorce petition is pending before the High Court. For more clarity: Transfer petition is filed when husband and wife live in separate cities within the same state. Then any party may file for transfer petition for transferring the case to her/his place of residence.
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Adv. Farheen Fatima
Adv. Farheen Fatima
Delhi | 25+ Answers
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The High Court will not usually stay divorce proceedings only because the wife has filed other false cases or is in a live-in relationship with someone else. Divorce and criminal cases are treated separately. If the wife has filed criminal cases that are false, the husband can challenge those before the High Court under Section 482 CrPC or during trial, but that will not automatically stop the divorce case. The divorce petition will continue in the family court and the husband has to contest it on merits there. A stay is possible only if there is a very clear abuse of process, such as the same matter being filed in more than one court or a clear lack of jurisdiction. If the husband wants all cases settled together, that can only happen through mediation if both sides agree, the court cannot force the wife to settle everything in one go.
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Hi there, a stay can be obtained from the High Court based on the facts and stages of proceedings till date.
However a better option will be to go for quash if the cases are false. Further, if you have evidence of her living with her boyfriend that's going to be a major turn around for you.
It's advisable to contact me and provide more details to assist you better.
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Adv. Ishan Parashar
Adv. Ishan Parashar
Delhi | 200+ Answers
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it's depends on the circumstances and the fact of the case. kindly clarify all the details of your case, where is pending the case, on WhatsApp grounds your wife has filed the divorce case.
you can contact me for discuss your case.
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Adv. Mohini
Adv. Mohini
Delhi | 50+ Answers
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