Wife has filed appeal against divorce granted by family court

DV victimmmm (Querist) 05 April 2015 This query is : Resolved

Hi,

I got divorce from family court based on cruelty and desertion caused by my ex wife.The DV case filed by her is already dismissed by JMFC court. I am paying maintenance under sec 125 to her and minor daughter..

Negotiations for one time settlement failed in family court as she wants a very huge amount.She has moved to high court now to appeal against Family court order. My question is ifi need to wait for remarriage till disposal of matter in high court?She may drag the matter for years in HC.

Thanks a lot for your valuable suggestions and advice.

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Devajyoti Barman (Expert) 05 April 2015
wELL, WHAT IS THE STATUS OF THE APPEAL RIGHT NOW?
Though practically it is not illegal to remarry during pendency of appeal , more so, when there is no stay granted on remarriage you better till final verdict comes.

DV victimmmm (Querist) 05 April 2015
Thanks a lot for a quick reply Barman Sir.The appeal is in pre-admission stage.So does that mean that I will ahve to wait till final verdict of HC even if it takes 3-4 years to dispose of the case?

Devajyoti Barman (Expert) 05 April 2015
How much has elapsed since the passing of decree. If 60 days has passed then you can remarry provided the high court has not stayed the operation of decree before the date of your remarriage.

DV victimmmm (Querist) 05 April 2015
The decree was passed on 31st Januray 2015.High court has not stayed the operation of decree yet.My ex-wife has filed application for stay also but the case is not heard yet.So, if the stay is granted, I need to wait till final disposal and same story will repeat in Supreme court also.So technically, one can't remarry unless ther other spouse or Supreme court lets you marry

Devajyoti Barman (Expert) 05 April 2015
Yes, if stay is granted then you have to wait till final decision comes unless before passing of stay order you remarry.

sukanya (Joyce) (Expert) 05 April 2015
the marriage when appeal is pending is a void marriage. see supreme crt decisions 2002 AIR 2002 . still legislation has to take appropriations in this regard.

ajay sethi (Expert) 06 April 2015
wait till disposal of your appeal

SAINATH DEVALLA (Expert) 06 April 2015
Unless it is disposed off in the HC U cannot remarry, or else , the marriage will become void,though divorce granted in family court. Wait till the disposal.