Hello,

If the divorce decree has been passed by the Ld. Family Court and appeal has been preferred by one of the party then the divorce decree is not a nullity if their is no stay order of the Appellate Court, so if there is no stay then the said decree is valid. This is the settled principal of law which has been reiterated by the Hon'ble Apex Court time and again.

If a FIR has already been filed under some sections then another FIR on same sections can not be filed against the same set of accused, and if the same has been doe then you can challenge the same before the High Court.

Regards

Hi, During the pendency of the appeal the marriage is still continues and both of you presumed to be husband and wife.

2. Once the Complainant under section 498-A and 494 IPC was registered in the Police station and police has registered the complaint then again police can't entertain complaint under the same offence. It will become double jeopardy. So, if the police has registered the complaint then you can file a petition under section 482 of Cr.p. c before the Hon'ble High Court, then entire FIR will be quashed.

During pendency of appeal divorce decree has not become final

2) second FIR cannot be filed by wife in respect of same cause of action wherein HC has granted stay

3) file petition for quashing of second FIR

1. If there is stay order on the decree of divorce then no remarriage is legally permissible. Even if there is no stay order then also it is not advisable for remarriage though the remarriage if done at the time of appeal does not become invalid.

2.The decree of divorce even if sustained shall have no force on the FIR as apart from 498A , section 494 IPC is also there.

Hello,

The principle is laid down in Order 41 Rule 5 of CPC.

The Hon'ble Supreme Court in the case of Atma Ram Properties (P) Ltd. Vs. Federal Motors (P) Ltd. (2005) 1 SCC 705 while dealing with the provision of Order 41 Rule 5 CPC observed as under:-

"Mere preferring of an appeal does not operate as stay on the decree or order appealed against nor on the proceedings in the court below.

Regards

Hello,

The principle is laid down in Order 41 Rule 5 of CPC.

The Hon'ble Supreme Court in the case of Atma Ram Properties (P) Ltd. Vs. Federal Motors (P) Ltd. (2005) 1 SCC 705 while dealing with the provision of Order 41 Rule 5 CPC observed as under:-

"Mere preferring of an appeal does not operate as stay on the decree or order appealed against nor on the proceedings in the court below.

Regards

The right to marriage shall not be exercised unless divorce decree has achieved finality

During pendency of appeal second marriage cannot be solemnised

1. When the decree of divorce is under dispute in the form an appeal, it cannot be taken that the marriage is dissolved yet pending decision in appeal.

3. If there is already complaint pending on the same provisions of law before the trial court, her another simultaneous complaint on the same cause of action is not maintainable.

4. There is a stay by high court on the proceedings of a similar case, hence you can fight the fresh one on that basis.

Would you please share me some judgement of the SC in this regards, that the decree is binding when there is no stay

The divorce decree if appealed agaisnt within the stipulated time, is certainly kept on hold till the appeal is disposed.