Appeal period
SBR - SBRAJ3
(Querist) 27 October 2012
This query is : Resolved
A marriage was annulled through a decree of nullity on 20 th July 2012 under section 12(1) C of Hindu marriage act. The copy of the order was received on 20 th August 2012. Since, one month is completed after issuance of order on 20 th October, can the respondent still go for appeal. What is the actual time limit for appeal to a higher court? Please reply.
Grounds of annulment: Suppression of material facts about the respondent and obtained the consent for marriage by fraud from the petitioner. The respondent in this case did not disclose about her illegitimate child before marriage. During evidence (cross examination) she contradicted at many junctures.
Kindly give an expert opinion.
sbraj3@hotmail.com
V R SHROFF
(Expert) 27 October 2012
Delay in filing Appeal can be condoned: So u r advised to let abt 4 months be completed, before remarriage, for safer side.
As reason of hiding vital fact of illegitimate child before marriage is so strong, that she will not go for appeal, and it will be rejected.SO NO WORRY.
Devajyoti Barman
(Expert) 27 October 2012
Appeal can always be filed after the limitation period if the delay is explained by a petition filed u/s 5 of the Limitation Act.
SBR - SBRAJ3
(Querist) 27 October 2012
Thank you Mr Shroff and Mr Devajyoti Barman
Raj Kumar Makkad
(Expert) 27 October 2012
The delay is on the part of court itself which had not prepared the copy so the appellant shall be given due grace of that period and moreover the law of limitation is very liberal at least in such matters wherein the decision of one;s life is pending.
So far as merits of the case are concerned, those cannot be commented without going through the entire case material, however, prima-facie your case seems accurate.
SBR - SBRAJ3
(Querist) 30 October 2012
Thank you very much for your valid comment Mr RK Makkad
