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newwave   06 February 2019

High court stay order - divorce decree appeal

Dear forum members - divorce decree with the dissolution of marriage judgment was given by the family court and I have grievance with the order and trying to pursue with the first appeal (FCA) in the Telangana high court.  My question is - what are the chances of getting stay order (suspension order) from the high court setting aside the lower court decree?  If stay is declined then I think there won't be any sense in the appeal petition itself.  Any help would be greatly appreciated.


 6 Replies

Advocate G. Pavan Kumar, LL.B (Advocate , Hyderabad)     06 February 2019

Hindu Marriage act u/s 28, You can appeal

Under Family Court act u/s 19, You can appeal.

Hon'ble HC court may give stay order. EXCEPT, If divorce is based on "Mutual Consent -Section 13B HM Act"



newwave   06 February 2019

because it was a faulty judgment.

P. Venu (Advocate)     07 February 2019

Please inform how it is a faulty judgment?

newwave   08 February 2019

Because not even an iota of evidence was filed in the court other than 498-A chargesheet which itself got neutralized by way of an acquittal.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     08 February 2019

Matrimonial law is different from other civil laws.  If you give notice to the other party and file appeal in HC within 90 days from the date of divorce decree, the other party is not entitled to marry again.  That is itself stay.  During the pendency of appeal, the other party is not entitled to marry.

Krishna Reddy (Advocate)     26 March 2019

There's no concept like 498a getting neutralized by acquittal.. :)

There are 100s of HC & SC judgments which granted divorce to husband on cruelty ground due to 498a filed by wife. So instead of calling it faulty, realize ur mistakes atleast now or consult a better advocate for correct advice.

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