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ram (caller)     28 February 2012

Rcr re-appeal time limit

 

Dear Sir/Madam,
 
I had filed a RCR case against my wife in June, the ex-partee decree was passed in my favour in Oct-2011. I received the Judgement copy only in Feb-2012 which was served to her. Now she has wants to reopen the RCR case. Is it possible? what is the re-appeal period time limit.
 
If there is a provision for her to reappeal what is the procedure that she has to follow so that I can be ready for anything.
 
One more question if the Decree is passed in Oct 2011, is she supposed to be in her matrimonial house by Oct-2012 failing which I can apply for divorce or is it from the date of serving the judgement copy to her.
 
Thank you.


Learning

 7 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     28 February 2012

Dear Querist, 

She normally can get it set aside within 30 days...However even after that application for set aside is possible by resort to S.5 Limitation Act. 

1 year has to be counted from date of decree. However you have to file for execution of the same

ram (caller)     28 February 2012

Dear Sir,

Thank you. The 30 day period, is it from the day of Judgement or serving of the judgement copy to her.

Thanks.

dr.pawan rajyan (member and secretory)     28 February 2012

TIME FOR APPEAL/REVISION IS 30 DAYS FROM DECREE.90 DAYS IN HIGHCOURT.            AFTER GETTING DECREE YOU HAVE TO EXECUTE IT IF YOU WANTS TO BACK HER (IF SHE DOESNOT JOIN WITHIN  ONE YEAR AFTER DECREE)GO FOR NULL & VOID.IF YOU WANTS DIVORCE FILE IT NOW,DONOT WAIT.REGARDS

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     28 February 2012

90 days from the date when the order was served on her.

 

For Family court and District court orders, the appeal lies only in HC.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

ram (caller)     29 February 2012

Dear Members,

Thank you for your response.

Can I file for divorce now under cruelty since its an uncnsummated marriage and they had falsely accused me of being impotent in front of all my family members when they had gone to her house to resolve the conflicts last year.

Also after the decree was passed in oct there were constant e.mails/sms/phone calls abusing me and my family, again calling me impotent.

What should I do now. Please advice.

dr.pawan rajyan (member and secretory)     29 February 2012

for what's are you waiting? just go for divorce.regards

rajiv_lodha (zz)     29 February 2012

@ Ram,

See u have CONDONED her cruelties while u filed RCR in the eyes of law.............So cruelty ground is out!

In my view, only ground available 2 u for getting divorce is non-execution of RCR decree by her for full 1 year

rajiv


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