Appeal is 90 days from date of decision or receipt of hard copy ?
06-Jan-2023 (In Divorce Law)
We had applied for mutual divorce at the family court in Bandra in Mumbai on January 2017 and the decision was given on 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 November 2017 which we got on 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 (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 (September 2017) or from when the copy of judgement is received (January 2018)?
There may be many possibilities....when did u applied the order copy...when did u get the order copy and whether the order copy was ready on stipulated time ...it can be good advice by visiting lawyers offc and showing him the the roznama and order copy...if u had crossed the time limit than also it won't be a problem u can file a Condonation of delay application along with appeal ur case would be stand in court that's it
It is 30 days from the date of the receipt of the certified copy. The days from the date of decree to the date of filing an application for certified copy are counted and are deducted from 30 days. Limitation Act.
Dear Sir/Madam,
The limitation of 90 days is from the date of the order wherein the days since the application for copy was made till the copy was received may be omitted. Hence in your case september 2017 to november 2017 would be counted in those 90 days period and the days from november 2017 till the day you received the copy may be omitted.
As far as my understanding goes you still may have a few days to file the appeal. Kindly revert with exact dates so that we can be in a better position to calculate the days.
The limitation of 90 days is from the date of the order wherein the days since the application for copy was made till the copy was received may be omitted. Hence in your case september 2017 to november 2017 would be counted in those 90 days period and the days from november 2017 till the day you received the copy may be omitted.
As far as my understanding goes you still may have a few days to file the appeal. Kindly revert with exact dates so that we can be in a better position to calculate the days.
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