• Remarry

I have filed a divorce petition in family court in 2004. The same was allowed in the year 2009. My wife preferred appeal and obtained stay order in high court on the divorce granted by family court. In high court my case is hearing on 30/11/17. If my wife appeal petition dismissed in high court, can I go for remarraige or how to stop her not to go to supreme Court for stay order again.
Asked 6 years ago in Family Law
Religion: Hindu

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20 Answers

1.Since there is stay on operation of decedree of divorce you can marry for th seocnd time.

2.However if appeal is dismissed and period of appeal to supreme court expires you can marry one again.

3. After the dismissal of appeal in high court you can file caveat in supreme court so she may not get order of stay passed exparte.

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

Hi

Yes if the appeal of your wife is dismissed in the High Court then you can remarry .

We cannot stop anyone from making an appeal in the higher courts. It is right of everyone to make an appeal.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

The divorce granted in 2009 in favour of you and urwife appealed in the high court and the same is pending before high court present if the appeal is dismissed then you can go for second marriage and there are no grounds to stop her file and appeal before supreme court and so after dismissal in the high court and before filling in the supreme court you can go for second marriage under the Hindu marriage act.

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

4.2 on 5.0

If your wife appeal is dismissed you have to wait for period of 3 months then remarry

2) you cannot stop your wife from filing appeal in SC

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

By the way of personal appearance only .

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Talk to the registrar of supreme court.

Devajyoti Barman
Advocate, Kolkata
22822 Answers
488 Consultations

5.0 on 5.0

1. It is her right given by our Constitution to approach the Supreme Court seeking legal intervention against the adverse order passed by the High Court, if any.

2. You shall have to wait for the limitation period for the appeal before remarrying.

3. It will not be prudent on your part to remarry with in the said limitation period for filing appeal before the Supreme Court.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. There is no provision for filing caveat before the Supreme court on line.

2. Filing of Caveat also does not grant you leave for remarrying before the completion of the limitation period for appealing before the Supreme Court by your wife against the adverse order passed by the High Court against her, if any.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

Engage a lawyer for filing caveat in SC

Ajay Sethi
Advocate, Mumbai
94719 Answers
7532 Consultations

5.0 on 5.0

You can't stop her from going to the Supreme Court.

You'll have to wait for a period of 90 days, after the High Court dismisses this appeal, to remarry.

Vibhanshu Srivastava
Advocate, Lucknow
9600 Answers
303 Consultations

5.0 on 5.0

Respected sir..

You can not stop her as it is her legal right you have only to do that you have to play your part and produce yourself Strong in the court by producing documents and evidence and sir you have right to get marry on the next day from decree from high court than it will be difficult to her to go to supreme court as another girl is your legally wedded wife ...

Thanku

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

There is no way that you can prevent her from preferring an appeal in the Supreme Court

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

You may engage sone lawyer and file caveat in the SC so that no order is passed without your knowledge.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Hi

You engage a “Designated Senior Advocate” on even date and argue the matter (they have to lead the arguments first). Show the seriousness to the HC and pray for speedy disposal of the Appeal if they seek an Adjournment (JUSTICE DELAYED IS JUSTICE DENIED). You demonstrate your readiness and willingness to Argue the case from your side.

Plead before the court stating that 13 years of your life had been spoiled in Litigation and request for expeditious disposal.

SUGGESTION:

1. Do research and collate information about your wife’s marital status as on today. Need be go for hiring services of a Detective Agency.

2. Her financial position i.e., whether she is working and/or earning her livelihood.

3. Any other information post your divorce till today which may come to your support.

In response to your query, let us pray to the Almighty that, the HC will hear Arguments & dispose the matter on 30.11.207 itself.

In the event of HC dismissing the Appeal in your favour, you can file an application viz., “CAVEAT” before Supreme Court.

However, if HC orders in your favour, chances of entertaining by Supreme Court are bleak.

Further reply to your query about remarriage, YES you can, subject to the directions given in the order by HC and complying with Appeal time.

May God Bless You !

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

After passing order by the high court you have to wait for appeal in supreme court. After passing order by the high court you can file a Caveat in supreme court.In accordance with the Article 133 of the Constitution of India, if there is any substantial question of law or it is wrongly decided and it needs to be decided by the Court. Upon such cases, the High Court grants the certificate to make appeals to the Supreme Court. The appeal can only be made within 60 days from the grant of certificate of the High Court.

Minansu Bhadra
Advocate, Kolkata
444 Answers
31 Consultations

4.9 on 5.0

Dear Querist

You can not restrain her to file appeal before Supreme Court but you may file caveat petition before Supreme Court and without heard you the supreme Court can not pass any stay order.

You may file caveat petition online in person by E-filing

link below:-

http://sci.gov.in/efiling

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6307 Answers
302 Consultations

4.9 on 5.0

Hi, if her stay is vacated by high court , you can remarry .. The second appeal is not maintanable therefore she cannot appeal in Supreme Court ..the second appeal is only upon the leave of court whether to entertain it or not

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

1. If the HC upholds the decree of the trial court, and your wife prefers no appeal to the Supreme Court, you may remarry after 90 days.

2. You cannot stop her from going to the Supreme Court.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

As far as remarriage yo can wait for the stipulated period for appeal before supreme court and can proceed with your proposal.

However please be aware that you cannot put restrictions on her from preferring appeal before supreme court.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

Party in person can file caveat in online in supreme Court

You can file a caveat petition to became aware of any appeal preferred by her, it is better yo take the assistance of an advocate practicing in supreme court for filing the caveat petition.

T Kalaiselvan
Advocate, Vellore
84920 Answers
2195 Consultations

5.0 on 5.0

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