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(Guest)

Appeal against divorce can be filed in how much time?

I took divorce under some family pressure from my parents and my in-laws. after how much time after the divorce, can I file an appeal?



 6 Replies

Laxmi Kant Joshi (Advocate )     13 November 2013

The limitation period to file appeal against decree of divorce is 90 Days from the date of issue of decree .

Laxmi Kant Joshi (Advocate )     13 November 2013

The limitation period to file appeal against decree of divorce is 90 Days from the date of issue of decree .

N Vanaraj (advocate)     13 November 2013

Dear Maam

From ur message it appears you are the Petitioner in the divorce proceedings and the petition has been allowed in ur favour.. Hence there is no question of filing preferring an appeal by you. Suppose if you are the Respondent in the divorce proceedings initiated by ur husband, then you have 30 days to appeal from the date of receipt of the order.

Gopal Arora (Engineer)     13 November 2013

You have not provided the complete details.

Was it a mutual consent divorce and your parents/in laws have pressurize you to sign it? if not, then please read the reply from N vanaraj

@N Vanaraj

I think, one can file the appeal in 90 days from the date of receipt of the order (NOT 30 days).

Aazad Sufferer (Advocacy-Family and women oriented laws)     13 November 2013

Dear all repliers,

 

Giving reply to a querist is a generous and a noble cause indulged with a subjective view don't make it a mere casual act. First judge the query and then querist then impart what ever you want otherwise the readers at other end are not foolish.

 

Here also the above repliers have missed the important facts.

 

regards,

 

 

 

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N Vanaraj (advocate)     14 November 2013

Thanks Mr  Arora.

Under section 28 of Hindu Marriage Act  the appeal period is 30 days. however under limitation act it is 90 days. it was assumed that the querist is covered under HM Act. However as there is two different limitations as stated above, i request my learned friends to clarify on the matter.


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