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maxx (pvt service)     17 January 2015

What is time limit to appeal against 'no say'order

hi all,

please advise, what is the time limit to appeal against no say order in family court.

divorce case was filed by me, to which the opposite party did not file a say, after waiting for 4 dates, the judge passed a 'no say' order, 

they had also filed a hma 24 to which we filed an objection. but argument did not take place, and also, we filed a previous order of 125 case as evidence that i am already paying her money.

so wanted to know, what is the time limit they have to file a condonation application for not filing their say.?

my next date is day after tommorrow. hence please advise.

 

thank you all.



Learning

 8 Replies

maxx (pvt service)     18 January 2015

hi experts....please advise on my issue......

T. Kalaiselvan, Advocate (Advocate)     20 January 2015

It is generally 90 days, however it depends upon the judges discretion too.

1 Like

maxx (pvt service)     21 January 2015

thank you kalaiselvan sir for your reply...just wanted to know, after 90 days, does she approach the high court as per procedure. or can she apply in the same court for condonation.?

thank you again

Adv k . mahesh (advocate)     21 January 2015

she can appeal even after 90 days and it is totally on the judge if wants to accept or can reject it and a valid reason should be there for the delay for some time only 

maxx (pvt service)     21 January 2015

@adv mahesh......thank you sir for your reply. so does it mean 'no say' order has no value. and the opposite party can turn up at anytime they want to and ask for condonation and trail to begin.......so just a big pause in the case.. is it so

T. Kalaiselvan, Advocate (Advocate)     21 January 2015

That is what is called as a hole in the law hence the law is addressed as ass.  The lawyers are meant(paid) for it who will cunningly drag the issue without the opposite party knowing the real intention behind. If you have engaged a lawyer, you may ask him to insist before court objecting the issue strongly beyond that period, or if you appear as party in person, you may file a memo containing a mention about the dilatory tactics of the opponent party and your objections to the prolonged delay intentionally done by the opponent.

1 Like

CompelledToLearnLaw (Financial Examiner)     21 January 2015

Originally posted by : T. Kalaiselvan, Advocate:

"That is what is called as a hole in the law hence the law is addressed as ass."

 

Good sense of humour: it's funny and intelligent. 

maxx (pvt service)     22 January 2015

thank you kalaiselvan sir.....i got it. i can now understand the process......so it is just wait and wair for the woman in court................


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