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Shantanu Wavhal (Worker)     20 December 2012

No right of appeal

HMA sec. 15.

Divorced persons when may marry again When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a 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.

 

Can someone pl. explain in which situations the following will be true ?

''either there is no right of appeal against the decree''



 2 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152)     20 December 2012

If Divorce by Mutual Consent, ''either there is no right of appeal against the decree''

 

Otherrwise after lapse of appeal period, there is no right of ap[peal, unless a reason justify Delay condonation. 

Shantanu Wavhal (Worker)     20 December 2012

My observation :

during my HMA petition, when wife filed condonation of delay application, it was ALWAYS granted liberally.

I m afraid that she will do the same with filing appeal after expiry of appeal period.


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