LawRato

Regarding Maximum days for appeal in a HMOP divorce case (Hindu)


10-Jan-2023 (In Divorce Law)
I had contested for divorce against my husband and the case was dissolved on 10dec2016. I have not received the judgement copy from the court as of today (10 jan 2017) yet. I am told that I can appeal against the judgement within a maximum period of 60days. But I need to clarify if are those 60days counted from the date of judgement or from the date when the court gives me the judgement copy.
Answers (4)

Answer #1
606 votes
Hello Madam, in the divorce proceedings time appeal to the High Court is 90 days from the date of its order as per section 28 of the HM act. In computing the period of limitation, time spent in obtaining the certified copy of order will be excluded if you filed the copy application within 3 days from the date of the order.

Answer #2
559 votes
HELLO,

Period of limitation from the date of receipt of the copy of the judgment . In any event if filing of reply gets delayed beyond limitation, you need not worry, while filing belated Appeal you have file with condone delay petition. for details call me. i
Answer #3
845 votes
HELLO,

Period of limitation from the date of receipt of the copy of the judgment . In any event if filing of appeal gets delayed beyond limitation, you need not worry, while filing belated Appeal you have to file Appeal with condone delay petition. for details call me. i
Answer #4
727 votes
It is calculated from the date of receipt of copy od judgement. But the copy application has to filed immediately and there should be no delay on the part of the party in obtaining copy. You could prefer appeal within 60 days from the date of receipt of judgement provided you obtain copy immediately after it is ready.

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.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."