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Author Topic: Appeal is 90 days from date of decision or receipt of hard copy ?  (Read 61 times)

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Offline Confused Indian

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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)?

Offline advjaibansal

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Re: Appeal is 90 days from date of decision or receipt of hard copy ?
« Reply #1 on: January 07, 2018, 09:39:05 PM »
period of appeal starts from the date of order, not from when you apply for certified copies. As one can wait for one year to apply and then start claiming the benefit of limitation. In your case, no appeal is maintainable if the divorce is granted on the grounds of limitation. You don't have to wait for 90 days to get re-married as its consent decree.

Even if there is some fraud, the challenge has to made to the same court, where decree was passed at first instance.

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jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

 

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