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Pawan (Others)     14 October 2012

Appeal period for a mutual divorce

Hi Friends,


I got Mutual Divorce from my wife on 14th Sep 2012. However both of us feel we have done a mistake want to patch up. So we wanted to appeal the Mutual Divorce things. I heard from someone that the appeal time for MCD is 30 and someone said its 90 days can u please throw some light into it.

Morover I want to appeal against it. If its on 30 days then today is the 30th day and today being sunday I cant do anything. Is there any other way to get the divorce canceled.

2 lives at stake please help us.

Thanks,

Pawan



Learning

 4 Replies

rahul (director)     14 October 2012

if you both love each otherand hv trust ,, this much, then destroy all divorce paper and start living togather as before.

and in future, if you both are happy.. do re marriage with each other ...

 

there is no appeal in mcd, this done on you both's concent, and you both already got 6 month time to re think,,

6 month mai nahi realize hua aur ab 1 month mei hi realize ho gya,, i think you have no decision power,,

chances are that may be,, after 1 month , you will again change your mind...

 

 

rahul (director)     14 October 2012

 

 

Here is sec 15 and 28 of HMA 1955... it is clearly mention this,,

no right of appeal.. means,, there are some order.. for which no right of appeal... mcd come into this... aise nahi hai ki sabhi order ki appeal hoti hai,, thats why it written ,, no right of appeal..

 

In sec 28.. if order . decree is apealable... then time is 30 days,

30 day for which,, those are appelable.. like, sec.. 9(rcr).. 13( contested divorce,)  sec 24, maintennece,,, etc....

you can file condonaiton for delay application....

 

 

15- Divorced persons when may marry again.

  When a marriage has been dissolved by a decree of divorce an either there is no right of appeal against the decree or, if there is such right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed it shall be lawful for either party to the marriage to marry again.

28- Appeals from decrees and orders.

 

  (1) All decrees made by the court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.

  (2) Orders made by the court in any proceeding under this Act under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction.

  (3) There shall be no appeal under this section on the subject of costs only.

  (4) Every-appeal under this section shall be preferred within a period of thirty days from the date of the decree or order.

Sanjeev (Lawyer)     14 October 2012

There is no appeal maintainable in mutual divorce if you think your decision was wrong then you need to marry again

A.SUMATHY 9380902017 (LAWYER)     14 October 2012

Yes, correct. No appeal maintainable in mutual divorce.  Again remarriage both of you.


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