(Guest)

Time for appeal

There was a case which was filed U/s 13(1)(iii) (Unsound ness of mind). Divorce was granted and judgement and decree are signed and dated as 18-Dec-2010 by th Hon. Judge. However, the parties received the judgement and decree on 13-Jan-2011. It is stamped in the judgement and decree that copy requested on 21-Dec-2010 and issued on 13-01-2011.

During the proceedings, the respondent's guardian had signed an affedavit consenting for divorce based on the compromise terms. Does he have a right for an appeal? If yes, till what time could the respondent's guardian file an appeal?

Reply Follow

5 Replies

Avnish Kaur (Consultant) 17 January 2011

WHETHER TERMS OF COMPROMISE NOT FOLLOWED in judgement?

(Guest)

Consent terms signed by the petitioner and guardian under which it is mentioned that the parties are ready for compromise decree is attached with the decree and form part of decree. Main points on maintenance amount and security deposit is also mentioned in decree and is as per the signed consent terms.

Avnish Kaur (Consultant) 18 January 2011

then appeal what for? to waste time of court and harass each other?

(Guest)

appeal may be on any point, for example, things were not properly explained or this is not what the guardian ment or now the things have changed and the mental unsoundness is improving, etc...

after what period can the petitioner get married?