s..i..n..g..h.. (member) 11 October 2010

time limit to appeal for set aside of decree u/s 9 of HM Act

dear friends

what is the time limit for giving application for setting aside decree which i obtained u/S 9 of HM act (ex-parte )

decree obtained may 2009

communicated by reg post sep 2009(RTI filed to get confirmation that same has been delivered to wife)

decree submitted in crpc 125 court in jan 2010, where her real uncle is lawyer

real uncle/lawyer signed on my petition ( regarding crpc 125 could not be maintained after sec 9 decree )with remark as opposed ( that means conveyed to him)

in dec 2009 my wife says in cross examination (of IPC 498a case )that she is aware of sec 9 proceedings ,

now she appeared on 15 july 2010 saying that my decree of sec 9 should be set aside

now my question is

1. what is the time limit when of giving such application of set aside after knowledge of decree

2. Whether in present case the decree could be set aside

i have to file objection soon on her application of set aside

please guide

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4 Replies

adv. rajeev ( rajoo ) (practicing advocate) 11 October 2010

I think it is 30 days from the date of the judgement or from the date of obtaining the certified copies. I have submitted the file how to calculate the limitation period You can go thru., it.