Rcr re-appeal period / time limit
ram
(Querist) 28 February 2012
This query is : Resolved
Dear Sir,
I had filed a RCR case against my wife in June, the ex-partee decree was passed in my favour in Oct-2011. I received the Judgement copy only in Feb-2012 which was served to her. Now she has wants to reopen the RCR case. Is it possible? what is what is the re-appeal period time limit.
If there is a provision for her to reappeal what is the procedure that she has to follow so that I can be ready for anything.
One more question if the Decree is passed in Oct 2011, is she supposed to be in her matrimonial house by Oct-2012 failing which I can apply for divorce or is it from the date of serving the judgement copy to her.
Thank you.
Deepak Nair
(Expert) 28 February 2012
she can appeal to the High Court within 30 days from the date of service of the order.
It is not the date of passing the judgment, date of service / receipt of the certified copy of hte order is considered.
Shonee Kapoor
(Expert) 28 February 2012
She can appeal within 90 days of the knowledge.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 28 February 2012
# Kapoor! As this is her first appeal so a period of 30 days is given for preferring the appeal.
#Author
Why are caring for her next action? You file an execution petition under Order 21 Rule 32 of CPC before the Family court seeking execution of the decree under discussion and let her reply come there.
If you receive any summon from her, appear before that court through your counsel.
