Appeal
Sanju
(Querist) 30 August 2010
This query is : Resolved
I've been granted divorce by the trial court...My wife filed an appeal in the high court against the lower court judgement and also filed a petition for my stay to remarriage...is there any law that the first appeal in the matrimonial cases are always admitted and is there a chance that the stay petition is rejected...If admitted and stayed,can i put an application for vacation of the stay...please advice...Thanks...Rajeev
adv. rajeev ( rajoo )
(Expert) 31 August 2010
It is High Court you cannot say anything about the admission and grant of stay. Some times in the High Court good cases will be dismissed and bad cases will be admitted.
If the stay is granted you have got right to file an application to vacate the same. Tell your lawyers to move an application before the judge who is favourable to him in case of grant of stay, because favourable bench also plays vital role in the high court.
Sanju
(Querist) 31 August 2010
Thanks for the reply Rajeev...If i move an application to vacate the stay,will it be relevant as my appeal for divorce case is admitted and pending.If the stay is vacated,i can remarry then what is the relevance of the admitted case of appeal
Uma parameswaran
(Expert) 01 September 2010
You could not remarry while appeal is pending.
Sanju
(Querist) 01 September 2010
Thanks Uma...But then what is the need to put an application to vacate the stay as suggested by Mr Rajoo and Mr Subramanian if i cannot remarry while appeal is pending.
