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Limitation period of appeal in apex court
10-Jan-2025 (In Divorce Law)
Hi,
Limitation period of appeal against HC divorce decree starts from when. The day of passing the judgement of divorce by the honourable court or the day receiving the decree ?
For example: HC passed divorce order on 20 April 2024 and received the decree on 10 th May 2024. From which date limitation period will start from 20th April or 10 tha May? Please help on urgent basis
The limitation period to file an appeal against a High Court divorce decree starts from the date you receive the certified copy of the decree or judgment, not from the date the judgment is passed.
Under Section 12(2) of the Limitation Act, 1963, the time required to obtain a certified copy of the judgment or decree is excluded from the limitation period. Therefore, in your case:
The High Court passed the divorce order on 20th April 2024.
You received the certified decree on 10th May 2024.
The limitation period to file an appeal (usually 90 days) will commence from 10th May 2024.
Ensure that the certified copy receipt date is clearly documented, as it will be essential if there are any questions about the calculation of the limitation period. If you have further doubts or need help filing the appeal, let me know.
Helpful?
Adv. Kiran Ashok Gangurde
Navi Mumbai | 100+ Answers
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