What is a stay order in a divorce case?


A stay order is a temporary halt or postponement of a legal action powered to courts under the code of civil procedure.

This halt does not imply that the order is no longer valid.

You can apply to the High Court of your state if you want to postpone your divorce procedures.

The cause for the stay order should be stated in the application.

Stay orders can be divided into two categories:

Temporary- This is something you can get while your divorce is going on.

Permanent- This may only be granted after the conclusion of the divorce proceedings.

In every situation when the plaintiff is in default or has defied any valid order of the court, the court has the inherent right to temporarily halt the proceedings.
Proceedings can be kept indefinitely or on a conditional basis.

Because the number of outstanding cases in India is so enormous, a maximum limit has been set to allow cases to be resolved quickly.

Following the issuance of a stay order, the party against whom it was issued may assert reasonable reasons to have it revoked.

If your spouse is attempting to get a stay of the divorce decree, you must submit a warning petition at the High Court to prevent the stay.

Reference: Code of civil procedure 1908.
Order-21 Rule-26: ÒWhen Court may stay execution-(1) the
Court to which a decree has been sent for execution shall,
upon sufficient cause being shown, stay the execution of such
decree for a reasonable time, to enable the judgment-debtor
to apply to the Court by which the decree was passed, or to
any Court having appellate jurisdiction in respect of the
decree or the execution thereof, for an order to stay execution,
or for any other order relating to the decree or execution
which might have been made by such Court of first instance
or Appellate Court if execution had been issued thereby, or if
application for execution had been made thereto.Ó



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