raj (operator) 11 June 2011

Appeal time from Family court

Hai All,

its a problem of my friend,

my friend applied for divorce on grounds of cruelty and desertion, reconcilation failed and the h'ble family judge asked the respondent to file for counter, and due to delay in counter the h'ble gave an exparte decree in favour of my friend,

with in a weeks time the respondent filed a counter, but the summon from the family court came to my friend after 7 months, and with costs of 500 the decree was set exparted,

wat happened here is after one month of the decree my friend got his second marriage, and he did not mention this in his OP feared wether it will be wrong,

can any one please help in this and give a good suggeston or advice

Regards Raj

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1 Replies

Tajobsindia (Senior Partner ) 11 June 2011

@ Author

1. It is done under S. 19 (3) FCA, 1984 and limitation is 30 days from the date of Judgment and or Order. Condonation of delay in filing Appeal post 20 days may be condoned stating convincing 'grounds' under S. 5 Limiation Act by way of seperate Application if so required.
2. The procedure followed post ex party by your friend is bad in eyes of law as he did not wait the stipulated period of 90 days for any appeal post ex party decree. However, second wife will be protected more than first wife by Law.
3. The brief requires more fact and anyhow you have already filed some counter with assistance of a ld. Advocate.