Legal Question in Family Law in India
hello sir
iam 23yrs female married with 30 yrs male before 3 yrs.He sent me a divorce notice from hyderabad court,stated to attend me on oct 10th 2011.mean while i applied for transfer of the case to my native area(guntur) in the high court of hyderabad.Due to some telegana problems,it was not transfered.later both of us appeared in the hyderabad court yesterday.i rejected the divorce as iam not willing to give it.
on the same day it was known to me that high court has given stay to the divorce order.what is this stay order means?is it helpful to me for not giving divorce?as i was not willing to this divorce, did the court has given stay to this?
4 Answers from Attorneys
the stay order means that the divorce proceedings at hyd court will not go on till the pendency of the petition in high court. you do not have to appear in hyd court and the matter will be decided by the high court. however, seek the copy of stay order and reproduce the same here so that the opinion given above is substantiated.
it is a normal procedure. During pendency of transfer petition the high court stays the petition filed in trial / lower court.
You are mixing up two things - divorce proceedings before trial court; and the transfer proceedings before High Court. If you have already appeared before trial court and made a statement refusing your consent for divorce, the proceedings were to continue on the petition filed by your husband; which proceedings have now been stayed by the High Court on your transfer petition. Now you should wait for final decision of the high court and need not to appear before trial court.
You are mixing up two things - divorce proceedings before trial court; and the transfer proceedings before High Court. If you have already appeared before trial court and made a statement refusing your consent for divorce, the proceedings were to continue on the petition filed by your husband; which proceedings have now been stayed by the High Court on your transfer petition. Now you should wait for final decision of the high court and need not to appear before trial court.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
