Legal Question in Family Law in India
Sir,
Good day. My husband filed a petition seeking for divorce at tiruvannamalai dist. (TN)and i filed a petion for RC in salem (dt.). It took quite some times to get it transfered to salem . in the mean while i went abroad for 6months assigment , i couldnt appear in the court during trial and the expartee decree was passed favor to my hubby
The other side advocate was given a notice with in 3 weeks from the date of expartee order and the petion was filed for setting aside the decree.
Knowing the fact that i filed a petion in the court is delaying in numbering my petion, my husband got married (withing 5months from the expartee decree) to his coleague.
I returned back to india and attempted tocommit suicide. My advocate insist, the court and then the petition was numbered. After arguments, the court had set aside the expartee decree. My hubby went to High court for the appeal, and his petion was dismissed.
The main cases( divorce &RC) was held in joint trial and once again the judgment was favored to me.
I had also filed a suit forcancelling the 2nd marriage which may come for the trial in the next month.
Now im sure that my husband will go for appeal to High court. WILL HE TAKE THE STAY FOR THE JUDGEMENT? SHOULD I FILE A CAVEAT ?
Do i have rights to enter into his home? even when he goes for appeal?
with regards
2 Answers from Attorneys
yes you should file caveat.
Regarding house right, you have to file DVA application for shelter in the same house.
Regards
Advocate
Punjab and Haryana High Court at Chandigarh
yes, you need to file a caveat otherwise he may try to obtain ex parte stay against the order.