What is the legal position of marriage after a divorce decree has been obtained in lower court and the high court suspends it?
Situation : Hi - The trail court granted me divorce and custody of my child after the due process of over five years based on Cruelty and Desertion. My ex-wife filed appeals in the high court. After 13 months, the high court suspended the trail court order pending further orders saying that it is grating interim relief. The ex-wife is claiming now that the marriage has been reinstated and that the suspension order is a final order. I believe that is not true as it is just a temporary order until the court has had the opportunity of hearing the complete proceedings before pronouncing the final order. Could you please provide me a legal option on this please?
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You are correct. Pending final dispossal of appeal, the High Court has suspended the operation of judgment passed by Family Court. It is cannot be said that lower court order was quashed. The High Court may pass final orders after hearing advocates for both the parties and such order become final.
If you send entire records through courier then i will be in a position to advise you properly.
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