Re: appealing in divorce case

1. 90 days
2. Material illegality, material impropriety, material irrationality and material correctness. She has to prove under appeal just one out of the four grounds of Appeal.

Thank you so much for the valuable information.

She never raised any objections to the evidence produced nor denied it.

I was trying to understand the meaning of the 4 ground reasons for appeal you shared and none related to seeking money.

Can she appeal for money in Divorce case - i.e. maintenance or alimony while DV case is running parallel which is already petitioned seeking money?

Seems you filed divorce and allow me to re-quote you "She never raised any objections to the evidence produced nor denied it + Can she appeal for money in Divorce case" hence divorce granted in your favour.

1. Now, yes she can in reference to context (money) as asked by you.

2. S. 25 HMA makes provisions for the grant of permanent alimony.

“S. 25 Permanent alimony and maintenance : Any Court exercising jurisdiction under this Act may, at the time of passing any decree or at any time subsequent thereto, on application made to it for purpose by either the wife or the husband, as the case may be, order that the respondent shall, while the applicant remains unmarried, pay to the applicant for her or his maintenance and support such gross sum or such monthly or periodical sum for a term not exceeding the life of the applicant as, having regard to the respondent’s own income and other property, if any, the income and other property of the applicant and the conduct of the parties and other circumstances of the case it may seem to the Court to be just, and any such payment may be secured, if necessary, by a charge on the immovable property of the respondent.

(2) If the Court is satisfied that there is a change in the circumstances of either party at any time after it has made an order under sub-section (1), it may, at the instance of either party, vary, modify or rescind any such order in such manner as the Court may deem just.

(3) If the Court is satisfied that the party in whose favour an order has been made under this section has remarried, or if such party is the wife, that she has not remained chaste, or if such party is the husband, that he has had s*xual intercourse with any woman outside, wed lock, it shall rescind the order it may at the instance of the other party vary, modify or rescind any such order in such manner as the Court may deem just.”

3. The relief of permanent alimony u/s 25 HMA is a relief incidental to the granting of the substantive relief by the Court in the main proceeding. It is an incidental relief claimed in the main proceeding, though an application is necessary for claiming it and for the same different HC's have viewed differently.

4. In ref. Rajeshbai v. Shantabai [AIR 1982 Bom 231] Bombay High Court held that in place of written application oral request is quite sufficient.

5. S. 25 HMA does not deprive the wife of her right of maintenance even if the divorce is granted.

6. Order of permanent alimony under S. 25 HMA is not bar for maintenance under S. 125 of Cr.P.C / DV Act but first order should be considered while passing later order.

7. As far as your understanding and allow me to quote you “I was trying to understand the meaning of the 4 ground reasons for appeal you shared and none related to seeking money.”  is concerned I can give you a squint by adding “if an acting District Judge in a Family Court matter has passed Decree in Divorce proceeding when the matter was earlier held in Family Court then same can be appealed under any of the 4 grounds too” . So unless one tells length and breadth of entire litigation as in Chamber discussion matters your subsequent question is only replied via free internet medium as above.

8. By decree in divorce her civil maintenence rights does not die a natural death !

We donot know if any Oral request made by her in divorce proceedings hence raking any or all 4 grounds stated earlier she may appeal in reference to context (money) as asked by you. Otherwise also there may be other clarity one may require for which also Appeal may are filed so there is no full stop that you may be answered as fool-proof accordingly.

Hence, wait and watch board.

Thanks very much; appreciate the valuable information.

Is this is a legally valid scenario - Divorce granted, respondent files an appeal within appeal period. Petitioner is not aware of the appeal, however re-marries another person after appeal period.

Q1 - Is this 2nd marriage valid and legal without any obligations towards the appeal?

Q2 - will the appeal be dismissed or continued for consideration, if 2nd marriage is concurred as described above?
If the appeal is dismissed, fine; but if considered, is it considered in full for all grounds or there are restrictions on grounds validity? e.g. if its for the 4 categories you referred, will it be dismissed?
What about maintenenace or alimony? will that appeal hold good?

Many thanks once again.

Colly. reply to your 2-1/2 que. – Suggested to wait and watch the Board.