Suhas More (ABC) 28 December 2010

Appeal against a Divorce

Hi Everyone!

I had a query.

a) Wanted to know whether a divorce obtained on the grounds of cruelty at the family court can be appealed against in the High court?

b) Whether there is an appeal period in such a case?

c) And if so does that mean that the person who has won the divorce case cannot get remarried until the appeal period is over and no appeal has been raised by the opposite party?

Thanks! Seasons Greetings! - Suhas

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2 Replies

Adv Archana Deshmukh (Practicing Advocate) 28 December 2010

1. Yes an appeal can be preferred against such a decree.

2. The appeal period under the HMA is 90 days from the date of the decree.

3. The person after obtaining the decree cannot remarry till the appeal period has expired, and if the appeal is filed then, till the disposal of such appeal.