Last hearing of divorce with emerald paper noification

After getting divorce decree, there is no boundation of time for getting married again. After getting decree individual attains status as single/divorcee he/she can marry any time.

Hi Sir, 

1) My lawyer is saying that if even judge confirms divorce to my brother in next hearing. Girl side people can play game again by coming to court and submit petition saying that they don't even know "divorce process" happening?

*Note : As they already managed court person to update status as "door locked" in 2 notices.

this is the reason lawyer asked my brother to wait for 3 months after divorce ... 

2) Is it possible for the wives (not responding to notices) and come again and apply petition saying they don't know about court notices after divorce? 

 

My lawyer is saying Appeal period is 90days. Can anyone confirm is it 90 days or 1year?

I don't want my brother to be troubled any more by his wife. I want him to start a  new life happily with next marriage.

Go thru;

THE FAMILY COURTS ACT, 1984;19

https://ncw.nic.in/acts/The_Family_Courts_Act_1984.pdf

Hindu Marriage Act, 1955

 

 

28. Appeals from decrees and orders

28(A) Enforcement of decrees and orders.

https://www.delhihighcourt.nic.in/library/acts_bills_rules_regulations/The%20hindu%20marriage%20Act,%201955.pdf

Go thru;

 

Bombay High Court

Shri Shivram Dodanna Shetty vs Sou. Sharmila Shivram Shetty on 1 December, 2016

Bench: Naresh H. Patil

                                            1

                                                              full bench matter - fca-161-13

 

1. A question framed by the Division Bench of this court was referred to a Larger Bench by the then Hon'ble the Acting Chief Justice of this Court. The question was framed by the Division Bench (Coram:A. S.

Oka & A. S. Gadkari, JJ.) by an order dated 10/12/2014. The said question reads as under :-

"Whether an appeal under sub-section (1) of section 19 of the Family Courts Act, 1984 will be governed by the period of limitation under sub-section (3) of section 19 or whether the period of limitation provided under sub-section (4) of section 28 of the Hindu Marriage Act, 1955 will apply to such Appeal?

23. It is settled rule of interpretation that if one construction leads to a conflict, whereas on another construction, two Acts can be harmoniously constructed, then the later must be adopted. On such interpretation, the objects of both the enactments would be fulfilled and there would be no conflict.

28. We are of the view that considering the scheme of both the enactments and the purpose behind amending the provisions of Section 28 (4) of the Act of 1955, it would not be appropriate to apply different period of limitation, one in case of orders passed by the Family Courts and in another by the regular Civil Courts. Such an approach would frustrate very purpose of legislation.

29. For the reasons stated above, we hold that for an appeal filed under sub-section (1) of Section 19 of the Family Courts Act, 1984, period of limitation prescribed under sub-section (4) of Section 28 of the Hindu Marriage Act, 1955 shall apply.

 

https://indiankanoon.org/doc/70905829/

 

VISWANATHAN versus SINDHU

 

https://vlex.in/vid/viswanathan-vs-sindhu-572073478

And

Madhya Pradesh High Court

Reena Dangi vs Bhagwan Singh on 21 September, 2017

 

https://indiankanoon.org/doc/53035511/

Supreme Court of India

Savitri Pandey vs Prem Chandra Pandey on 8 January, 2002

 

 

At this stage we would like to observe that the period of limitation prescribed for filing the appeal under Section 28(4) is apparently inadequate which facilitates the frustration of the marriages by the unscrupulous litigant spouses. In a vast country like ours, the powers under the Act are generally exercisable by the District Court and the first appeal has to be filed in the High Court. The distance, the geographical conditions, the financial position of the parties and the time required for filing a regular appeal, if kept in mind, would certainly show that the period of 30 days prescribed for filing the appeal is insufficient and inadequate. In the absence of appeal, the other party can solemnise the marriage and attempt to frustrate the appeal right of the other side as appears to have been done in the instant case. We are of the opinion that a minimum period of 90 days may be prescribed for filing the appeal against any judgment and decree under the Act and any marriage solemnised during the aforesaid period be deemed to be void. Appropriate legislation is required to be made in this regard. We direct the Registry that the copy of this judgment may be forwarded to the Ministry of Law & Justice for such action as it may deem fit to take in this behalf.

https://indiankanoon.org/doc/325522/

Bombay High Court

Mrs. Sonia Kunwar Singh Bedi vs Mr. Kunwar Singh Bedi on 17 December, 2014

 

1 What is the period of limitation for preferring an 1 of 23 2 cam.448.14.doc Appeal against a final order passed by the Family Court ? Is it 90 days as stipulated in Section 28(4) of the Hindu Marriage Act, 1955 vide amendment by Act 50 of 2003 which had come into force with effect from 23.12.2003 or is it 30 days as stipulated under Section 19(3) of the Family Courts Act ? This is the only question which arises for consideration before us in this application.

In other words, we hold that the appeal having been filed within 90 days, as contemplated by Section 28(4) of the Hindu Marriage Act, is within limitation.

https://indiankanoon.org/doc/18447137/

This should suffice atleast on part of query.

If you have NO trust on your present Lawyer that is helping you or have doubts or have 2nd thought then approach your own another very able LOCAL senior counsel of unshakable repute and integrity specializing in Family matters and well versed with applicable rules/laws and having successful track record…. and worth his/her salt..

The exact facts of the matter shall matter and your own senior LOCAL counsel can opine the best.....considering Ex.party points........steps taken to service the summons etc etc