What is the validity of stay order in ex-parte divorce?
My husband filed a divorce case on cruelty grounds 5 years ago. Since we didn't want to divorce , we filed RCR and contested the divorce case which ran for 4 years. Due to health issues I could not go to family court for 3 hearings and they gave him an exparte divorce. After a couple of months, we appealed in high court and received a stay order on the exparte divorce. After that we did not move the case back into family court since I relocated to abroad and family court requires the parties to attend in person. The only demand from our side is to return all our dowry and belongings back to us which they are unwilling to return. My question now is , how long is this stay order valid? If we do not initiate further proceedings in family Court, will the marital status remain as 'Not divorced'?
Ma’am, according to law the limited period for making an appeal is within 90days from the date of order and an application by a defendant for an order to set aside a decree passed ex-parte is 30 days. If you want to get Istridhan back from your husband and your in-laws, you must file a complaint at the Women Cell, which will result in an FIR under section 498A/ 406/34 of Indian Penal Code, 1860. All this will require you in person for helping the investigation and litigation proceedings. For further legal assistance contact us on our helpline number.
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