Appeal in High Court
David
(Querist) 02 August 2015
This query is : Resolved
Dear Experts
Just got divorce from Principle district court and I suspect my ex will go for an appeal. I have 2 question.
1. Whats is the time limit for appealing in HC for my ex. IDOP case filed by me and got order in favour of me.
2. If she appeals, usually how long it will take to decide. It took 4 year in district court and i fear fear it might take years in HC. Please advise
P. Venu
(Expert) 02 August 2015
The answer depends upon the Family Law applicable.
Anupam Lahiri
(Expert) 02 August 2015
Dear David,
The limitation period for filing appeal before the High Court against the decree of divorce is 30 days from the date of decree. However, there are certain time periods which are excluded from computation of the said limitation period of 30 days.
Regarding the second point, it is to state that appeal in the High Court takes long time to settle due to a variety of reasons.
Regards
Anupam Lahiri
Chanchal Nag Chowdhury
(Expert) 02 August 2015
1)90 days + time reqd. for obtaining Certified copy of the judgment & decree in case of district court. Otherwise, it is 30 days.
2)File a caveat. Pray for early hearing.
SAINATH DEVALLA
(Expert) 02 August 2015
Nothing more to add than what Mr.Chowdhury has mentioned.
Rajendra K Goyal
(Expert) 02 August 2015
Agree with the expert Chanchal Nag Chowdhury.
Dr J C Vashista
(Expert) 03 August 2015
I agree with expert Chanchal Nag Chowdhury it is 90 days + time taken in obtaining certified copy of judgment.
Time taken by High Court to decide depends upon various factors for which your lawyer can explain, advise and guide you.
David
(Querist) 04 August 2015
Thanks experts. I appreciate your quick advise.
David
(Querist) 07 September 2015
Dear Experts. Order was given on 7.28.15. I got my order copy (CA)with prepared/received date as 8.21.15. Seems my ex applied for copy of order but havent collected it. From what date this 90 days will start. Either from 8.21.15 or from the date she receives the copy. Delay in getting the copy by my ex wife will be counted or not. Please advise. Thanks in advance David
David
(Querist) 07 September 2015
Dear Experts. Order was given on 7.28.15. I got my order copy (CA)with prepared/received date as 8.21.15. Seems my ex applied for copy of order but havent collected it. From what date this 90 days will start. Either from 8.21.15 or from the date she receives the copy. Delay in getting the copy by my ex wife will be counted or not. Please advise. Thanks in advance David
David
(Querist) 08 September 2015
What if she take months to receive the copy.
