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Limitation period for DV appeal and Reliefs agaisnt appeal.


03-Oct-2023 (In Criminal Law)
I am facing a DV case. Interim maintenance is granted by JMFC court on 12 Aug 2015. Order was served to me on 14 Aug 2015. Order was served to complainant on 26 Aug 2015. By which date the complainant and respondent can file appeal without condonation in delay? Is it same for both or different? Complainant has filed an appeal for increase in maintenance. Can I seek reliefs such as reduction in maintenance, as respondent in my reply to appeal? Or I will also have to file and appeal? Can I give appeal already filed by complainant as reason for condonation in delay in filing the appeal?
Answers (3)

Answer #1
554 votes
Limitation to file an appeal is 30 days from date of service of order on you. Your wife can file it before 25th September. For reduction of maintenance you will have to file a separate appeal with delay condonation application.

Answer #2
986 votes
Sir,
Limitation in 30 days for Appeal. You can challenge each n every order of jmfc as u asked in query. You have to file separate Appeal of Dv if delay u can seek delay condonation along with appeal. You can seek reduction of maintenance too by showing proofs thereof. You can discuss all issues with your Advocate n then go for it.
Regards
Answer #3
874 votes
Filing appeal against jmfc court to district court is 30 days from date of it's order. Period of certified application can be excluded. If u are not agre with trial court order then u must file an appeal or else it will be presumed that u agree with it. You can also file an application before jmfc court for reducingthe maintenance amount showing you difficulties and fact for not affording the same.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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