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(Guest)

Marriage after stay on divorce decree

My relative is a goverment employee. She got married in 2002 to a person who is cheated by stating that he is a IRS officer All India civilservices at Delhi. After marriage she came to know that he is just 12th pass She got a daughter from the marriage. She filed a divorce case in 2003 which was contested by her husband and finally got her divorce in lower court in 2008. He has filed a stay on the divorce decree in high court at Hyderabad and got the stay.She has got the stay order by regd post. He has not filed stay on daughters custody. Now she wants to get married and they are living separately since 2003. The stay case wil come for hearing in high court in 2014. As she is government employee, she has a fear of losing her job due to polygamy(second marriage). and she can not wait wasting her time. In the mean time the person got married & living happily with his wife. he got married 3,4 women like this.Kindly give a proper solution how she can get married without wasting time further



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 4 Replies

Sanjeev (Lawyer)     11 November 2012

if he has got married than the stay order can be vacated from high court as there should be no ground to stay the divorce. The 2014 listing that you mentioned dont seem reasonable it dont take so long for listing. Hire a lawyer in HC and he can check what are the grounds on which the petition was filed in HC and can get the case listed and provide proof of husbands remarriage there.


(Guest)

We do not have any concrete proofs to establish that he is remarried.  what is the solution to vacate the stay now immediately

rajiv_lodha (zz)     11 November 2012

I am surprised what stay order u r telling, from 2003, n u say next hearing in 2014.

Is it some appeal pending at HC? plz clarify what does stay orders read


(Guest)

as I said  the lower court has issued divorce decree in 2008 & which was contested in 2008 got stay,which will come for hearing in 2014


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