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Anonymous
in Civil Procedure Law Family Law Civil Law
Asked January 06, 2018

Time period for filing an appeal for Divorce proceeding

  • 5 Answers
  • 210 Views

Appeal is 90 days from date of decision or receipt of hard copy ? We had applied for mutual divorce at the family court in Bandra in Mumbai on 15th January 2017 and the decision was given on 2nd September 2017 as "Uncontested--CONSENT". However, due to some misunderstanding between us and the lawyer, none of us had applied for a copy of the judgement. Once we realised the mistake, we applied for the copy on 15th November 2017 which we got on 4th January 2018. Now, I have been reading that the time for an appeal (for Hindu Marriage) is 90 days but it does not say from when. I would have assumed that it was from the date the decision was given (2nd September 2017), however looking at this thread, I'm no longer sure. Can someone please tell me whether the period of appeal is 90 days from when the decision is given (2nd September 2017) or from when the copy of judgement is received (4th January 2018)?

Answers 5

The period of 90 days for filing an Appeal commences from the date of the order.

Agree Comment 0 Agrees 9 months ago
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Time limit is 90 days from date of order as reduced by time taken by court for grant of certified copy. Accordingly, in the above matter period of limiation for filing Appeal is till 17th January 2018.

Agree Comment 0 Agrees 9 months ago
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you can file even after limitation period has expired, given that you have a vaild reason to do so. 

You can file after the expiration of limitation period by filing an appeal along with a condonation of delay appilication. 

Agree Comment 0 Agrees 9 months ago
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The time period for appeal against the divorce decree is 90 days from the day when the decree was given. Once the decree has been passed by the Court the appeal period begins the very next day and continues till the next 90 days. 

Agree Comment 0 Agrees 9 months ago
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Hi,                                                                                                                                                        23/01/2018

The period for filing Appeal is 90 days, to be calculated from the date of decision/Judgment. However, the period from the date of application for certified copy and till it is received (i.e. in your case from 15/11/2017 to 04/01/2018) is to be excluded from 90 days period. 

As on today, you have time to file Appeal, but since it is Judgment on consent terms, whether Appeal against Judgment on consent terms can be filed, is beyond my understanding. Anyways, if you get delayed, never mind file appeal with application for condonation of delay. All the best. 

Regards,

Ajit Lakhani.

Agree Comment 0 Agrees 9 months ago
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