Shailaja (IT) 05 July 2014

Need advice on divorce

Respected Sir,I belong to AP , the state is now bifurcated (Telangana,AP). My husband had applied for divorce on 12 Sep 2012 which turned exparte on me on 23 Jan 2014.I had applied for HC stay and transfer to my local place which is Vijaywada.The opposite side filed the vakalatnama but did not file any counter.if they file any counter now i.e after June 1 2014 when the state is officially bifurcated will the transfer be opposed in the hyderabad HC. Do I need to knock the doors of the SC as the state is now bifurcated.

Will they technically get way with the petition that the stay is no longer valid as the states have been officially bifurcated.

Please kindly advise.

Kind Regards,

Shailaja

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3 Replies

Tajobsindia (Senior Partner ) 05 July 2014

1. After the Official bifurcation Telengana State and AP State now have common High Court of Judicature at Hyderabad.

2. The transfer cannot be opposed just on 'grounds' of State bifurcation as it does not evoke any merit in doing so.

3. In my opinion you need not have to knock at the doors of Hon'ble SC as High Court of Judicature at Hyderabad is competent to hear your presented petition.

4. The Stay is valid till it is vacated by an Order of The High Court of Judicature at Hyderabad.

Wait for the next date of hearing in your matter.

[Last reply}

ranjan kumar (Advocate) 31 October 2014

no need to worry, both the states are having same High court.

Jimmy (Manager) 31 October 2014

Here is practical advice from someone who is not an advocate. As I understand, you do not have a stay yet but have applied for one. You want to vacate the divorce decree and/or whatever has been granted to your husband in that decree/order. Here is your real problem: Your husband can remarry after 90 days of that decree if a stay is not granted. To that extent, if he does so, any prayers for a stay would be infructuous because his second marriage cannot be reversed. I am not sure if there are any judgments that provides an implied stay in matrimonial matters as far as divorce decree is concerned by the mere filing of an appeal. Do research in this area. If there is no such support in the law, then trying to get a stay after he remarries will be of no use. However your other issues such as maintenance can be opened by the HC for addressing them on the merits presuming that you had a good reason for not attending the proceedings in the lower court.