How to Get a Stay order in Divorce Proceedings in India: Complete Legal Process Explained

When is a stay order in divorce needed?

Divorce is an emotionally and legally complex matter. Often, when one party starts divorce proceedings, the other may perceive it as premature, unfounded, or carried out with ill intentions. In such situations, the respondent (the person receiving the divorce petition) may wish to pause or delay the proceedings through a stay order.

A stay order in divorce is essentially a temporary halt issued by a higher court for ongoing divorce proceedings in a lower court. It is a form of interim relief in family law, often sought when the petitioner has misused legal provisions, filed the case in an inappropriate jurisdiction, or when there is a pending related matter in another court.

Seeking a stay is not merely about halting the case—it’s a strategic legal remedy that must be supported with solid grounds, proper documentation, and experienced legal representation.

Grounds for Seeking a Stay Order in Divorce Proceedings

There are several legal and procedural grounds on which a party can apply for a stay of divorce proceedings:

1. Lack of Jurisdiction

If the divorce petition is filed in a court that does not have jurisdiction (either territorial or pecuniary), the respondent can move a higher court to stay the proceedings.

Example: If the petitioner files for divorce in Delhi, but both parties were last residing in Gurgaon and have no connection to Delhi, a stay order may be requested.

2. Parallel Proceedings

Suppose there are multiple proceedings filed in different courts regarding the same or related matter (e.g., domestic violence, child custody, or maintenance). In that case, a stay can be requested to avoid conflicting judgments.

3. Suppression of Facts

If the divorce petitioner has concealed important facts—such as an ongoing case, attempts at reconciliation, or existing court orders—the respondent can request that the higher court pause the proceedings until these facts are thoroughly evaluated.

Misuse of Process

If the court is being used to harass, intimidate, or pressure the respondent into an unfair settlement or to withdraw other cases (such as dowry or maintenance), a stay order on divorce proceedings can be requested.

Violation of Mediation or Reconciliation Orders

Family courts often suggest mediation before proceeding with litigation. If a party bypasses this process and directly files for divorce, a stay may be warranted.

Health or Personal Crisis

In some exceptional cases, personal or health issues of either party may justify a temporary halt in divorce proceedings until the respondent is fit to participate in court.

Step-by-Step Process to Obtain a Stay Order on Divorce Proceedings

To seek a stay on divorce proceedings, one must follow a well-defined legal process. Here is a simplified yet accurate step-by-step breakdown:

Step 1: Consult a Family Law Expert

The first step is to consult a qualified family lawyer with experience in handling stay applications. This is where Advocate Preeti JD—one of the most trusted names in Gurgaon, Delhi NCR, and Ghaziabad—can guide you through the complexities of interim relief in family law.

Step 2: Analyse Jurisdiction and Grounds

Your lawyer will examine:

• Whether the divorce petition is maintainable
  
• If jurisdiction is valid
  
• The presence of any legal or procedural lapses
  
• Any previous or pending litigation
  

Step 3: Prepare Stay Petition

A civil miscellaneous petition (CMP) or a writ petition (in case of constitutional violation) is drafted, depending on whether you’re approaching a District Court or High Court.

The petition should include:

• Cause title (parties’ names, court details)
  
• Grounds for seeking a stay
  
• Supporting evidence (documents, previous orders, medical reports, etc.)
  
• Prayer clause (what relief you’re seeking)
  
• Affidavit affirming the facts
  

Step 4: Filing in the Appropriate Court

• If the divorce case is filed in the District Family Court, the stay application can be filed in the High Court under Article 227 of the Constitution of India or Section 151 of the CPC.
  
• In certain cases, one may seek intervention from the Supreme Court through a Special Leave Petition (SLP).
  

Step 5: Service of Notice

Once the petition is filed, the court may issue a notice to the opposite party, asking them to file a reply. This gives both parties a chance to present their version.

Step 6: Court Hearing and Interim Stay

During the hearing, your lawyer will present arguments, highlight procedural errors or prejudice, and request an interim stay until the matter is fully resolved.

The court may:

• Grant an interim stay (temporary pause)
  
• Issue a permanent stay (if the case is held non-maintainable)
  
• Reject the petition (in which case, an appeal can be made)
  

Sample Format of Stay Application

Here is a simple sample of how a stay application may look (for illustration purposes only):

IN THE HIGH COURT OF DELHI AT NEW DELHI

Civil Misc. Petition No. ____ of 2025

IN THE MATTER OF:

Rajesh Kumar (Petitioner)
S/o Late R.K. Sharma
R/o Gurgaon, Haryana

VERSUS

Sunita Kumari (Respondent)
W/o Rajesh Kumar
R/o Delhi

APPLICATION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA FOR STAY ON DIVORCE PROCEEDINGS IN FAMILY COURT, DELHI

MOST RESPECTFULLY SHOWETH:

1. The respondent has filed a divorce petition in the Family Court, Delhi, under Section 13 of the Hindu Marriage Act, 1955.
   
2. The petitioner and respondent last resided in Gurgaon, and the current petition has been filed in a court that lacks jurisdiction.
   
3. The Family Court in Gurgaon is currently handling parallel proceedings concerning maintenance and child custody.
   
4. The present petition has been filed only to harass and misuse the legal process.
   

PRAYER:

In light of the aforementioned circumstances, we respectfully request that this Hon’ble Court take the following actions:

a. Pass an interim stay on the divorce proceedings pending before the Family Court, Delhi;
b. Grant any other relief deemed fit in the interest of justice.

Petitioner
(Through Advocate)

Relevant Case Law References

1. Neelam Kumar v. Dayarani (2010) – Supreme Court

Held that parallel proceedings in different courts should be stayed to prevent abuse of the legal process and multiplicity of litigation.

2. Arathi B. v. Padma (2013) – Karnataka High Court

The court stayed the divorce proceedings, as the husband had filed the petition in an incorrect jurisdiction with the intent to inconvenience the wife.

3. Savitri Pandey v. Prem Chandra Pandey (2002) – Supreme Court

Reaffirmed the principle that stay orders are crucial in preventing misuse of law in matrimonial disputes and maintaining judicial fairness.

Importance of Legal Representation

Seeking a stay on divorce proceedings is a serious legal move and not just a delay tactic. The success of such an application depends on

• The strength of your legal grounds
  
• Proper drafting of the petition
  
• Strategic court presentation
  
• Understanding of procedural and substantive law
  

This is where a highly skilled and reputed family lawyer like Advocate Preeti JD becomes indispensable.

Why Choose Advocate Preeti JD—The Best Divorce Lawyer in Gurgaon, Delhi NCR & Ghaziabad

Navigating family law disputes in India, particularly stay orders, demands not just legal knowledge but courtroom experience, emotional intelligence, and timing.

Here’s why you should consult Adv. Preeti JD:

Highly Experienced in Matrimonial & Family Law Cases
From contested divorces to interim reliefs, maintenance, and child custody, she’s handled them all with unmatched professionalism.

Strong Command over Procedural Law
Adv. Preeti JD knows exactly when and how to file stay petitions, ensuring your rights are protected and justice is not delayed.

Wide Jurisdiction Practice
Whether your case is in Gurgaon, Delhi NCR, or Ghaziabad, she offers comprehensive representation in multiple family and high courts.

Empathetic Yet Strategic Legal Advice
Understanding the emotional strain of divorce, she provides compassionate consultation while building a robust legal strategy.

Impressive Track Record of Successful Stay Applications
She has successfully obtained interim and permanent stays for clients facing unjust or premature divorce litigation.

Conclusion

Divorce proceedings can often be overwhelming, especially when initiated without due cause or in haste. If you believe that the legal process is being misused or that the case has been filed in bad faith, seeking a stay order can be a powerful and necessary tool.

However, achieving that requires timely action, proper documentation, and expert legal guidance.

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