Time period within which girl to file appeal against decree of divorce

821 votes

Hindu couple has 90 days, to file an appeal against a divorce decree granted by a family court. Hindu man or woman would have to wait three months after a divorce decree to remarry.Provided, of course, that within this time, the losing spouse has not already challenged the dissolution of marriage and the appeal is pending.

Advocate Rinku Chaudhary LawRato

942 votes

Hi
The aggrieved party (In this matter-Girl) can file the appeal before High Court with in "90" days from the date of order as per section 28 of HMA-1955. The time taken by the copying agency in supplying the copy of order shall be excluded. The boy will have to wait for 90 days at least from the date of order and can remarry only if no appeal is preferred within limitation period (90 days) by the girl or appeal filed but it is dismissed. If appeal is admitted by the appellate court then boy can't remarry till the disposal of the appeal.

Advocate Aditya Verma LawRato

540 votes

The period of appeal is 90 days under Hindu Law U/S 28(4). There is a latest judgment of Bombay high court on the period of limitation and therefore it is 90 days from the date of receipt of the copy of decree and not 30 days.

Advocate Hansikaa Chauhan LawRato