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Confused Indian (Legal)     06 January 2018

Appeal is 90 days from date of decision or receipt of copy

Ok...So we had applied for mutual divorce at the family court in Bandra in Mumbai on 15th January 2017 and the decision was given on 2nd September 2017 as "Uncontested--CONSENT". However, due to some misunderstanding between us and the lawyer, none of us had applied for a copy of the judgement. Once we realised the mistake, we applied for the copy on 15th November 2017 which we got on 4th January 2018. 

Now, I have been reading that the time for an appeal (for Hindu Marriage) is 90 days but it does not say from when. I would have assumed that it was from the date the decision was given (2nd September 2017), however looking at this thread, I'm no longer sure.

Can someone please tell me whether the period of appeal is 90 days from which the decision is given (2nd September 2017) or from when the copy of judgement is received (4th January 2018)?



Learning

 2 Replies

Vijay Raj Mahajan (Advocate)     06 January 2018

No appeal in case of divorce by mutual consent. Family Court Act prohibits any appeal against divorce obtained by mutual consent.

Confused Indian (Legal)     06 January 2018

Thanks for the reply...No offence but on searching online, it states that an appeal against an MCD is maintainable. See here - https://tilakmarg.com/answers/can-an-appeal-be-filed-against-mutual-consent-divorce-for-setting-it-aside/ (They do refer actual cases and there is a Bombay HC judgement in there too) and also here - https://lawrato.com/divorce-legal-advice/can-i-appeal-against-the-mutual-divorce-decree-18586.

 

To quote - 

Appeal against such decree is maintainable. It has been held that Section 28[1] of Hindu Marriage Act provides a right of appeal and all original decrees made by the Trial Court under the said Act are appealable. The decree of divorce by mutual consent is one such decree & hence, also appealable

Do let me know if I'm misunderstanding something here.


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