Rahul F (Senior) 21 September 2022

125 proceeding delayed

My query are below. I got Divorce under cruelty. Wife filed appeal in High Court since 2014. it's stayed with Status Co order. It's not getting on board not moving

1. Can I marry whilst the proceeding .

2. Can wife apply for 125 application or any maintenance in High Court? And wud be allowed?

Thank you for your valuable suggestions in advance .

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Quick Summary

This discussion addresses a user's query about remarrying while a divorce appeal, filed by their ex-wife in 2014 under cruelty, is stayed by a High Court order. The user also asks if their ex-wife can apply for maintenance in the High Court. Advice suggests that remarriage is not possible until the stay is lifted or the case is dismissed. Options include applying for an early hearing or reaching an amicable settlement with the ex-wife to withdraw the appeal.

2 Replies

Real Soul.... (LEGAL) 21 September 2022

You cannot marry until the stay is vacated or the case is dismissed; you can file aplication in the court for early hearing ; or in short just do amicable settelement with your wife againat any payment she can withdraw the appeal ;since the marraige is already dashed off so it is better to end it in whatever way.