Hindu marriage act

This query is : Resolved 

25 December 2019

decree of divorce has been passed against the wife now she has filed appeal against that decree of divorce within limitation in such circumstances whether she need to file stay application against that divorce decree or not. If yes whether court can pass stay order in her favour?

Dr J C Vashista (Expert)
26 December 2019

No stay is maintainable in a decree of divorce, even if it was passed ex-parte (presumably it was contested, which you did not mention).
Seek guidance of the lawyer engaged / by paid by you, who is well aware about the facts of the case(s) an intelligent, competent and able enough to advise.

T. Kalaiselvan, Advocate (Expert)
26 December 2019

The pendency of appeal agaisnt the divorce judgment is sufficient by which it is deemed to be a stay against the person who got a decree in his favor to operate the judgment.
If the decree holder is proposing to marry during the pendency of this appeal then he may be deemed to have committed an offence under bigamy.

R.K Nanda (Expert)
27 December 2019

No need for wife to file stay application in appeal as husband can't re marry during pendency of appeal.

sankar narayanan (Expert)
28 December 2019

yes i do agree with experts suggestion

Sb Karma (Expert)
28 December 2019

yes absolutely sure expert says correct

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