Querist :
Anonymous
(Querist) 14 December 2009
This query is : Resolved
Respected Lawyers,
My wife has got divorce in lower court - civil senior division and I want to challenge this order in its upper court - district court. She has not filed the case in family court else I would have to appeal in high court but in this case since civil court has given the decree, I would like to know what is the appeal period for district court in divorce cases. Generally for appealing in high court it is 3 months but for district court what is the period of appeal? Thanks
prakash vathore
(Expert) 14 December 2009
appeal period is 30 days.
bhupender sharma
(Expert) 14 December 2009
30 days from date of seeking certified copy of same.
S.KARUNAMOORTHY
(Expert) 14 December 2009
i agree with bhupender
Tribhuwan Pandey
(Expert) 14 December 2009
Yes, I do agree with all above ld. experts.
Raj Kumar Makkad
(Expert) 14 December 2009
I also agree with all other experts on this point.
Querist :
Anonymous
(Querist) 14 December 2009
Thank you all respected experts. One question regarding this - how this one month is calculated ? Some says from the date of judgement of divorce and some says from the receipt of the judgement copies from the court and some say from the date of applying for the copies of judgement in court. What if we apply for the judgement copies and we dont get it from court within 30 days since now a days it is observed that other party manages the corrupted court clerks/staff by paying some money. how can we take action on these staff if we are not getting the copies within appeal period? Sir I have 10 years of son and for him I want to anyhow challenge this order.
joyce
(Expert) 14 December 2009
I agree with above experts.
niranjan
(Expert) 14 December 2009
If judgment is given on 1.11.o9,if you apply for certified copy on 1o.11.o9 and if youreceive certified copy on 20.ll.09,so the days from 2.ll.09 to 9.ll.09 will be counted in 30 days,and days taken inpreparation the cert.copy will be deducted,so you have to file appeal before 8.1.10.
Querist :
Anonymous
(Querist) 15 December 2009
sir just some confusion here - u said if the judgement date is considered as 01-11-09 and if I apply for copies on 10-11-09 then from 02-11-09 to 09-11-09 i.e. 8 days will be counted in this 30 days. Now if the court takes 10 days to give the copies in your hand i.e if you get those on 20-11-09 then these 10 days will be excluded from 30 days so the last date I can file my appeal should be 12 -dec-09 but u r saying 08 jan 10. Pls'confirm
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