Sir if wife lodges a divorce petition in court, husband accept it and court passes the decree,
then
can wife file an appeal against that decree (even if that decree is passed as per her request)
DEEPAK MISHRA (assistant Professor) 11 October 2013
Sir if wife lodges a divorce petition in court, husband accept it and court passes the decree,
then
can wife file an appeal against that decree (even if that decree is passed as per her request)
Prashant Ghai (Advocate) (PrashantGhai.com) 11 October 2013
This is a strange proposition. You'll have to elaborate in detail.
DEEPAK MISHRA (assistant Professor) 11 October 2013
I am asking this query because
if husband files divorce petition and decree is approved, wife can object and can file appeal against that decree.
If wife initiates and files divorce petition and decree is approved, even now can she refuse to accept the decree and file appeal against decree?
DEEPAK MISHRA (assistant Professor) 11 October 2013
My question is
can petitioner(first party) has the power to refuges the decree?
Here once the exparte has been ordered or any judgement has been given in favour of the petitioner then she has no right to appeal for such judgement if the basic pray from the plaintiff has been fulfilled by such verdict. So,here divorce is the ultimate pray seeking from court and after procedure the petitioner get such relief. Hence,she has no right for appeal against her own petition.
Advocate Bhartesh goyal (advocate) 11 October 2013
Wife's such appeal is not maintainable
Laxmi Kant Joshi (Advocate ) 11 October 2013
Samir N (General Queries) (Business) 13 October 2013
Advocate Ghai's response "This is a strange proposition. You'll have to elaborate in detail." is the correct response. Other advocates here are just shooting responses without having all the facts because these advocates are IDIOTs. 90% of advocates fall in that same category: IDIOTS, MORONS and CROOKS. @Sufferer, who I believe, like me, is not an advocate, has a more accurate answer because it is conditioned on an if "if the basic prayer..."
To file an appeal, a person has to "aggrieved" by the order/decree. To understand that it is important to see the petition as to what she had prayed for and what was granted to her. This requires an analysis of all the prayers and a review of the Judgment/order/decree in light of these prayers. Only after such a review can one advise you if the appeal is maintainable. Advocates shooting an answer in the absence of these details are IDIOTS and should be stripped of their law license.
I am requesting all advocates to put disclaimers in their answers in the future, such as the one given by Advocate Ghai or a condition like "I am not sure" or that they need to review the law or some such condition before giving an affirmative unconditional response. An inaccurate answer without such disclaimer can be a subject of a bar council disciplinary proceeding.
**********If I encounter any unconditional but inaccurate answer, in the absence of any disclaimer, given by advocates in this Family Forum, I will report them to the bar council for giving misleading advice despite been warned of the same**************************