Since order granting divorce has been stayed by HC wife cannot remarry during pendency of appeal 

you can make application seeking expedited hearing of appeal in HC 

you need to file your reply before HC and can request for speedy disposal of marriage. she has to wait till HC verdict.

Dear Client,

Better approach HC and get stay order vacated on above grounds. Submit before HC, that husband never wanted to stay in marriage and just to harass and kill precious time of wife, this appeal has been filed. Also, mention that he is living away from wife and never tired for restitution of married life nor he is fulfilling matrimonial obligations.

the appeal in the HC is still pending. Although the Hindu Marriage Act prescribes that it shall be lawful to marry again only after the dismissal of an appeal filed by an aggrieved party against the decree of divorce, the Supreme Court, however, clarified that second marriage would not be void if solemnised during the pendency of the appeal.

1. This means the high court has put stay on the decree of divorce which means in other words that revival of marital status existing before the grant of decree of divorce.

2. It was your filly not to file a caveat in high court after the decree was passed.

3. now since appeal is preferred the stay on operation of divorce decree will remain in force till the appeal is finally heard and disposed of.

4. hence I would advise you to get the appeal heard fast so you can get the outcome of the appeal which is goes in your favour would enable you to remarry.

See if the order of the family court of divorce is stayed then in that case you cannot remarry till the appeal is disposed off. In this circumstance you can contest the matter before the high court and get the stay vacated, see you can plead urgency so that there appeal is taken up fast otherwise in high court appeal take time to dispose off. So till the stay is operative you cannot remarry.

You could approach Hon'ble Supreme Court for challenging the same.. 

Insufficient information. And without looking at the papers we can't advice on remarrying.

As a rule of thumb, pending appeal you can't remarry.

Having said that, I might be able to guide you further provided I have more information on your case. You have to strategically approach.

Stay will vacate by HC only, it`s just interim stay till you appear in court and when caveat there, it`s never possible court will pass order without issuing you noitce.

On this ground only, stay will get vacate. or may be stay obtained by playing fraud on court.

You have to apply to HC for expedited hearing of appeal 

2) don’t appeal to SC 

3) it would not result in dismissal of appeal 

See in case appeal is admitted the stay order on lower court order can be passed.

See you can mention before the court your difficulty and can ask for early hearing and vacation of stay

No at this stage going SC will not be advisable. 

You cannot remarry as the decree of divorce passed by the lower Court has been stayed by the High Court.

You can marry only after the appeal in High Court filed by your husband is decided in your favour.

I would not advise you not to approach Supreme Court at this point of time because there are very less chances of stay being vacated going to the fact that he appeal of your husband would become infructuous if you get married as a result of the vacation of stay and hence it would not be allowed. 

Court would not infringe upon the legal and fundamental rights of any person ie. Natural justice and right to be heard.

So my advice to you would be to defend the appeal and take measures to expedite it and a get a favourable decision as soon as possible.

If he has preferred an appeal , you may challenge the appeal on merits and on the basis of the lower court findings which are in your favor.

The appeal case will get disposed very soon provided you follow it up properly

If there is a stay  granted by the high court, you may file a stay vacate petition before high court form your side instead of waiting for the case to be heard in the next hearing date.

It is not necessary to approach supreme court for vacating the stay

you can set aside the order by showing the said court that court registry has not intimated you inspite of caveat and you are not heard before the passing of order.The said order will be recalled and fresh hearing will be fixed.

Without seeing all the papers further advice can not be given.

Dear Madam,

Only moving the High Court by filing Early Hearing Application the case can be heard at the earliest point of time. Hire a Senior Counsel and see that matter is hear out of order as Most Urgent and get the stay vacated or case disposed.

1. The order of the family court has been stayed by the High Court. Hence, you cannot remarry during the pendency of the appeal in the High Court.

2. Going to the Supreme Court will be an exercise in futility as SC does not vacate such stays granted by the High Court.

I have sent across my email ID, mobile number and my consultation fees. Feel free to get back.

Eventually you have got the divorce and there was no need to go to the high court to get stay on the divorce the ultimate effect is that both of you are separated and free to leave your own life