ram (caller) 28 February 2012
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 28 February 2012
Dear Querist,
She normally can get it set aside within 30 days...However even after that application for set aside is possible by resort to S.5 Limitation Act.
1 year has to be counted from date of decree. However you have to file for execution of the same
ram (caller) 28 February 2012
Dear Sir,
Thank you. The 30 day period, is it from the day of Judgement or serving of the judgement copy to her.
Thanks.
dr.pawan rajyan (member and secretory) 28 February 2012
TIME FOR APPEAL/REVISION IS 30 DAYS FROM DECREE.90 DAYS IN HIGHCOURT. AFTER GETTING DECREE YOU HAVE TO EXECUTE IT IF YOU WANTS TO BACK HER (IF SHE DOESNOT JOIN WITHIN ONE YEAR AFTER DECREE)GO FOR NULL & VOID.IF YOU WANTS DIVORCE FILE IT NOW,DONOT WAIT.REGARDS
Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 28 February 2012
90 days from the date when the order was served on her.
For Family court and District court orders, the appeal lies only in HC.
ram (caller) 29 February 2012
Dear Members,
Thank you for your response.
Can I file for divorce now under cruelty since its an uncnsummated marriage and they had falsely accused me of being impotent in front of all my family members when they had gone to her house to resolve the conflicts last year.
Also after the decree was passed in oct there were constant e.mails/sms/phone calls abusing me and my family, again calling me impotent.
What should I do now. Please advice.
dr.pawan rajyan (member and secretory) 29 February 2012
for what's are you waiting? just go for divorce.regards
rajiv_lodha (zz) 29 February 2012
@ Ram,
See u have CONDONED her cruelties while u filed RCR in the eyes of law.............So cruelty ground is out!
In my view, only ground available 2 u for getting divorce is non-execution of RCR decree by her for full 1 year
rajiv