Legal Question in Family Law in India
Sir.
I am central govt employee serving in defence.
I was granted divorce from district family court in aug 2015. At the time of divorce me n wife were.present at court. Wife has appealed at high in Sep 2015, court against divorce decree from lower court. High court has admitted the case but has no issued a stay order on divorce decree. In accordance with section 15 of hindu mrriage act there is a confusion for second marriage.
Can I go for second marriage as there is no stay on divorce decree or shall I wait till finalisation of the case. If i can marry what is legal rule.
Kindly clarify please.
1 Answer from Attorneys
1) Merely because an appeal is filed, does not mean that the order or decree of lower court is stayed. In case of temporary stay of decree or order, it has to be specifically asked, and stay will operate only if court grants it.
2) In case of execution of decree, the court, which passed the decree, can itself stay the execution for time being on sufficient reasons shown.
3) The facts will answer ur question.
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