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Aftab4u (PVT EMPLOYEE)     18 September 2010

Vacate orders and should Marry?

Dear All,

One of my friend who is a muslim got divorsed as per shariat 3 years back but his inlaws are harrasing filed the cases of 498/DV and filed another case that he should not perform second marriage as the 498 Case is pending in the court. The IA pertaining to the Second marriage was dismissed in the family court on 30th July and finally his marriage was fixed on 5th August but the cunning bast*** his inlaw approached the high court and got the stay order on 4th August stating that my friend is going to marry on 5th and the court has instructed the stay order for 6 weeks . the marriage has been stopped at  last moment and it was very shameful for my friend and his family. Now the period of 6 Weeks time was over and his inlaws also not extended the stay order after that , can my friend perform marriage now as time frame was over or should he get the stay order vacated first in the court then he should marry. are still his ex inlaw have chances to prolong the stay order ?? what are the steps we need to take so that the marriage should go with out any litigations and according to law. my friend is a State Govt Employee.

Pls advice.

Aftab



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 3 Replies

Adv Archana Deshmukh (Practicing Advocate)     18 September 2010

Your friend can marry now. No need to go for vacating the stay.

Aftab4u (PVT EMPLOYEE)     18 September 2010

Thanks madam, but if my friend go for remarry can he file any case again the only worry is my friend is a govt employee........ there is absolute no need to get the vacate orders now ? as one of our lawyer who is a greedy fellow is just scaring us that with out vacate orders he cant marry or else it will be a criminal offence.

Pls advice

Aftab

Adv Archana Deshmukh (Practicing Advocate)     18 September 2010

You said that the stay was for 6 weeks and 6 weeks have expired. Also the stay was not extended. So, today there is no stay in operation, so where the question of vacating the stay arise? Stay has to be vacated when the stay is in operation. Here there is no stay today.


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