Stay on divorce taken but nor served

It appears he remarried before being conveyed stay on divorce.  In such case, if this fact is true.

 

But make sure correctness of fact.

 

If stay is granted and if his advocate or he himself is present in the court and heard the oral dictation of judge then he ha s notice of stay.

@ Author,

 

 

1.    No Court grants stay for lifelong, be it whatever reasons plead. I doubt a stay is holding for such long period by a superior Court even for lack of process fees payment as mentioned by you. I also doubt any wife to hold on to stay for such long period without seeking any further relief, I mean does she not interested in any relief since 2006?

2.    Current trend of Courts is that ‘such marriages’ is not disturbed even if it is alleged so.

3.    It is interesting to note what his first wife is waiting for since 2006 after seeking stay on divorce?

4.    Do not worry too much, let your brother lead normal life.

 

 

[Last reply]

 

his first wife was a psycho...she didn't want to stay with him or give him a divorce ... she herself said so in the court...the judge and everyone there knew then it was her tactic to harrass him further so they granted the divorce. ...since she couldn't do anything then, i suppose she thought she could stay the divorce and not tell him so that way any marriage he does become invalid...plz note they have no communication watsoever since 2006.

if at all in future she does make any claims will this act of hers be considered as cruelty/harassment...what is the punishment under such conditions.

what is the validity of stay if not served

sudirji...he remarried some good 4-5 years later...she had taken the stay i think with 3 months of the verdict but not served him....or done anything to inform him of the same

Originally posted by : nightingale
	sudirji...he remarried some good 4-5 years later...she had taken the stay i think with 3 months of the verdict but not served him....or done anything to inform him of the same

despite syumpay.

 

Hard to believe.  Hard to believe.  Please check file of the court where divorce is challanged.

The matter reduces to the proof of the fact that whether wife served the appeal and  stay notice either before approaching the High Court through her counsel within the stipulated 90 days appealable period.  Even though it is not mandatory, whether after approaching the High Court and immediately after getting the order for issuance of notice of appeal and stay order, whether she served the notice through court or dasti, if ordered so by the court.  If she proves that she served it in accordance with law, then bigamy case can be clamped against him.  If husband is innocent and ex-wife pretended to have served the notice by mentioning wrong address or by adopting some crooked methods, then husband has to prove this fact to extricate himself from any bigamy allegation to be levelled against him.  As  the second marriage was held, the courts tend generally not to disturb the existing marriage of husband.  It is still intriguing how the husband has come to know about the status of case only recently and naturally a cloud of suspicion raises in the prudent mind. 

sudhirji...the status shows online as batta -pending ...whatever that means...he consulted a lawyer and was told it means its not served...is that so?

chandrashekarji...if at all she gave wrong address- obviously his signature need to be present right as recieved that will definately not be there as he didn't get it...

 

as for how he got to know....he met an old wellwisher who in talks said oh u got married what happened to the stay thts when he got to know abt it, else he was in dark. for that matter she cud have contacted anyone in the family to find his address or number to serve it to him via court or police but she did no such thing.

read.

 

I repeat

 

Please check file of the court where divorce is challanged.

sudhirji...i know it sounds hard to believe that my brother is a victim ...thts one disadvantage of being a innocent man...we just think that man is the culprit always but we forget that though the rakshas ravan hiranyakashyap were highlighted there were women rakshas too like surpanakha, putana.

Read.

 

Agreed.

 

Sympathised.

 

But still. I repeat

 

Please check file of the court where divorce is challenged.

Please check file of the court where divorce is challenged.

Please check file of the court where divorce is challenged.

As well guided by TAjobs.... Lead a normal life.... Relax...... Until a notice served by hand or known by you or you relativr/ in presence of close fly member/ place of present residence..... Notice unserved is uninformed..... Pretend to be not knowing of future progress of case..... Lead a normal life as advised above....... Don't dig the grave by enquiries.... Chillax

You have been advised very properly by many experts and also Mr. Sudhir Kumar repeatedly asked you to check it up with the court the divorce case is challenged.   So better have a round of the suggested steps completed and then come back with fresh details on the query.