Who can file appeal if divorce gets clear in family court

more detail,itsmcd dv

Hi Sagar,

I just comment here what i know.Experts can correct if am wrong.

If it is a MCD, no one can go for HC appeal to cancel it and there is no need to wait for 90 days.you can carry out ur next marriage immediatly after receiving the judgement.

There is the 90- day appeal period.

Your wife can appeal against the MCD, in which case the MCD would get dismissed and thrown out.

You have to then go in for a regular divorce.

Of course you can contest such a decision of hers, in the apellate court ( high court ) but usually the recourse suggested is conversion to regular divorce petition.

Once regular divorce, she can file 498A,...etc cases as well, although technically, in a matter which is sub-judice, further cases are not to be filed in relation to the matter that is sub-judice.

But citing various factors of life, they go through that gate of LIFE and it's various FACTORS and file multiple cases.

can I file appeal?

Yes.

1st party and 2nd party differentiation does not arise.

It is MCD.

Any of you can file appeal.

when does this happen ?

Today's society, I have seen only few categories that appeal. 

1) The wife / husband were brain-washed by the advocate  and / or friends / relatives,...etc to choose divorce.

2) The usual tactic of ' POLICE CASE WILL RESULT IN PERMANENT BREAK-DOWN OF MARRIAGE ' and using this tactic, the relatives/ friends and the advocate,...etc push the party towards filing a police case and CREATE BITTERNESS in the relationship that it moves towards divorce but the inner love for one another makes them opt for MCD without harming each other any further and they part since the fights previously would have made the marriage very bitter that the relationship's healing might be difficult ( ofcourse, nothing is difficult if multiple times, one tries ).

3) To torture the opposite party, the other party seeks revenge, by resorting to this step.

This is a very dangerous approach since it can mis-fire and if a lengthy divorce exercise is the result through the regular divorce, the bitterness becomes very heavy and it's impact on the mind, in the long run, is too much to bear, for the mischievous party who withdraws consent during the appeal period.

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I have seen many cases and almost all can be categorized under either of these three above.

whatever you do, think well of the consequences.

will you play with the force of water, held in check by a dam ?

If there is even one gram of common sense in you, you would not.

Exactly similar is playing with matrimonial life, especially such consenting and withdrawing.

The only exception is category (1) and (2). If your case belongs to these two categories, then withdraw.

Or else, just move on. As time passes by and the years go by, all wounds will heal and life will take a new turn.

This is my suggestion. Choice is yours.