Reading: My divorce was granted under the Hindu Marriage Act due to cruelty, and I received the order on March 22nd, 2016. My ex-wife appealed the decision in the High Court on May 7th, also filing a stay petition. I was given two weeks to respond to the stay petition but haven’t filed anything yet. Both the appeal and stay petition are pending, but not yet admitted. I’m planning to remarry in mid-August. Since the stay application is still pending, can I get married legally? Is there a risk of facing jail time if I do remarry?

My divorce was granted under the Hindu Marriage Act due to cruelty, and I received the order on March 22nd, 2016. My ex-wife appealed the decision in the High Court on May 7th, also filing a stay petition. I was given two weeks to respond to the stay petition but haven’t filed anything yet. Both the appeal and stay petition are pending, but not yet admitted. I’m planning to remarry in mid-August. Since the stay application is still pending, can I get married legally? Is there a risk of facing jail time if I do remarry?

Last updated: August 25, 2025 1:07 pm

Apni Law

3 years ago

Law Forum › Category: Divorce › My divorce was granted under the Hindu Marriage Act due to cruelty, and I received the order on March 22nd, 2016. My ex-wife appealed the decision in the High Court on May 7th, also filing a stay petition. I was given two weeks to respond to the stay petition but haven’t filed anything yet. Both the appeal and stay petition are pending, but not yet admitted. I’m planning to remarry in mid-August. Since the stay application is still pending, can I get married legally? Is there a risk of facing jail time if I do remarry?

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Apni Law Staff asked 3 years ago

My divorce was granted under the Hindu Marriage Act due to cruelty, and I received the order on March 22nd, 2016. My ex-wife appealed the decision in the High Court on May 7th, also filing a stay petition. I was given two weeks to respond to the stay petition but haven’t filed anything yet. Both the appeal and stay petition are pending, but not yet admitted. I’m planning to remarry in mid-August. Since the stay application is still pending, can I get married legally? Is there a risk of facing jail time if I do remarry?

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Apni Law Staff answered 3 years ago

You can face legal complications, including potential jail time, for remarrying while the appeal and stay petition are pending. Since the High Court hasn’t ruled on the stay, your divorce decree remains in effect, but the outcome of the appeal is uncertain. It’s strongly advisable to consult a lawyer regarding the potential legal implications before remarrying.