divorce - declined
kiran
(Querist) 19 January 2011
This query is : Resolved
Hi All,
My petition for divorce was declined and I came to know about it through the typist there. And it seems the judgement was typed on 06-December-2010.
I have not yet taken a formal copy of the judgement.
1. Now,Within how many days should I appeal in High court ?
Is it within 30 days from 06-Dec-2010 or from the Day I get a formal copy of the judgement.
Please advise.
Vinaya More
(Expert) 19 January 2011
30 days within receiving the certified copiy of the Order and if delay then that delay can be condone.
Amit Minocha
(Expert) 19 January 2011
date of receipt of certified copy would be the base to calculate
Devajyoti Barman
(Expert) 19 January 2011
It is 30 days fropm the date of judgement and decree. The timke taken to obtain the certified copy would not be taken into account.
Parveen Kr. Aggarwal
(Expert) 19 January 2011
If the decree of divorce is passed under the provisions of the Hindu Marriage Act, 1955 then appeal to the High Court can be filed within Ninety days of the date of decree.
Section 28 of the Hindu Marriage Act, 1955:
"28. Enforcement of, and appeal from, decrees and orders.- All decrees and orders made by the court in any proceeding under this Act shall be enforced in like manner as the decrees and orders of the court made in the exercise of the original civil jurisdiction are enforced, and may be appealed from under any law for the time being in force.
Provided that there shall be no appeal on the subject of costs only."
Article 116(a) of the Schedule appended to the Limitation Act, 1963 provides that an appeal to a High Court from any decree or Order can be filed within ninety days of the date of decree or order.
Kirti Kar Tripathi
(Expert) 20 January 2011
IN CASE THE JUDGMENT IS GIVEN BY THE FAMILY COURT, THE PERIOD OF FILING APPEAL WILL BE 9O DAYS AS APPEAL WILL BE FILED BEFORE THE HIGH COURT.
