Time lines for appeal in highcourt

589 votes

The timeline for appealing a divorce decree depends on whether it was granted under mutual consent or contested divorce and whether it was issued by a Family Court or a High Court. Time Limit for Filing an Appeal: Contested Divorce: Under Section 28 of the Hindu Marriage Act, 1955, a party can appeal within 90 days from the date of the judgment. If filed in a Family Court, it must be appealed in the High Court within 90 days under Section 19 of the Family Courts Act, 1984. Mutual Consent Divorce: Generally, no appeal is allowed unless there is fraud, coercion, or procedural irregularity. However, a Special Leave Petition (SLP) can be filed before the Supreme Court under Article 136 of the Constitution. From Which Date is the Appeal Period Counted? The 90-day period is counted from the date of judgment and not from the date of receiving the certified copy. However, if the certified copy is received later and there is a delay, the appellate court may condone the delay under Section 5 of the Limitation Act, 1963, if a reasonable explanation is provided. If you are considering an appeal, ensure you obtain a certified copy immediately and file within the prescribed time. Would you like help in drafting the appeal petition?

Advocate Mrudhula Jahnavi LawRato