High Court Stay Order on Family Court Judgment
Renuka Kadam
(Querist) 03 May 2011
This query is : Resolved
Hi,
I got the divorce on 30 Nov 2010,after fighting it out for 4 years in the family court.I applied for certified copy on 7 Dec 2010 and I got the certified copy of decree on 24 Jan 2011,my query here is from when is the actual appeal period counted.My ex husband has made an application at the high court to get a stay order on Family court judgement and decree.There is a property and streedhan issue which is pending ,Though nothing is specifically and directly mentioned about the divorce in the application the subject says"application for stay on judgement and decree" does that mean the stay order application is also made for divorce.
We have decided to go in for settlement, and the application is not yet accepted by the high court.So does my Family court judgement valid.Please reply..this is little urgent
Srajadvo460
(Expert) 03 May 2011
The period for limitation starts from the date of judgment ie., 30.11.10. Further stay of judgment means stay of all the fruits bearing in that judgment. From your query it seems stay has not been granted it is only notice to you to appear and file objection in the said appeal.
Renuka Kadam
(Querist) 03 May 2011
Thank you for a quick response,we have been asked to file the minutes of consent terms tomorrow,nothing has been spoken about the stay order,does that mean that the application will be null and void post filing of minutes of consent terms,
Srajadvo460
(Expert) 03 May 2011
Once there is a settlement between the parties the settlement will be recorded and the appeal will be closed recording the same.
Advocate. Arunagiri
(Expert) 03 May 2011
While making the petition before the HC, the husband would have given the details of the lower court and the order copy.
Go through the entire pleadings.
Guest
(Expert) 04 May 2011
In my views, any mutual settlement subsequent to the family court judgement may make the orders of the family court ineffective in view of the revised settlement terms between both of you.
Renuka Kadam
(Querist) 05 May 2011
I have following queries pertaining to my case:
What is the difference between, application of stay order and actual stay order?In my case the stay order has not been passed,however the application is pending for settlement.Does in this scenario the judgement of family court stands invalid.
Is there a way out,coz the actual issue is pertaining to the property and streedhan,there is no dispute about the divorce.Please help
Renuka Kadam
(Querist) 26 May 2011
Is there a way to get a clearance on divorce part in the judgement and the streedhan and property issue be fought seperately
