Subramaniam (NA) 24 March 2010

delayed divorce

dear sir ,
I a male and have received divorce from the family court which was filed
for cruely and dessertion against my wife , the case went on for 5 years and got divrce now
but for the divorce to be affective i need to wait for 3 months .Meanwhile my wife has filed a stay order and appeal in high court .
I want to know if it is leagal for me to marry after 3 months , how long can she prolong the case
how can i speed up this procedure .

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7 Replies

Guest (Guest) 24 March 2010

No. During the pendency of appeal you are not entitled to marry. Get a copy of the appeal and prepare reply for appeal and file it in Court and on the next date of hearing, ask the court for final hearing and disposal of the case. If the court does not find time to hear on that date, ask for a short date and get the matter disposed off at least on the next date of hearing. Do not take yourself time to prepare and file the reply to the appeal. And instead prepare and file the reply. You would, in that process, save a lot of time.

Subramaniam (NA) 24 March 2010

I dint not understand the last sentence , If the high court closes the cases , and if she files for appeal in Supreme court is the same procedure applicable .What are the chances for the divorce to be canceled /invalidated by any of the court.

Subramaniam (NA) 24 March 2010

If after the 3 months Period to validate the divorce is over , and she has not filed for the stay/appeal in supreme court .I am i eligibile to marry . Will this 3 months still hold vallid when the appeal and stay is going on in the high court

Guest (Guest) 24 March 2010

First clarify whether her appeal is pending in High Court or Supreme Court?

Subramaniam (NA) 24 March 2010

The appeal is pending in high court

Guest (Guest) 24 March 2010

Then your immediate concern must be that the appeal has to be disposed off and that too as speedily as possible. For that, get a copy of the appeal and prepare the reply to the appeal immediately and serve the copy by registered post / speed post to the counsel of your wife and file the appeal in the High Court registry (High Court administrative office). All this has to be done immediately without waiting for the next date of hearing. On the next date of hearing, say the court that you have already filed the reply to the appeal and request the court that the matter may be heard immediately. The other party will ask time for filing rejoinder. Then you immediately say that you sent reply to them long back and time need not be given. Even then, the court will give them time and on the next date of hearing the court will hear the matter. Otherwise, you have to insist politely that the matter may be heard expeditiously as it is matrimonial matter.