Need advise

payel (Querist) 23 September 2013 This query is : Resolved
is it possible for my spouse to appeal to a higher court even if district court has granted me divorce? can i not remarry during that period of time?

Follow Query

Report Abuse

R.K Nanda (Expert) 23 September 2013
yes, she can file appeal.do not re-marry in that period of appeal.

payel (Querist) 23 September 2013
i understand that but please be informed that i have not demanded anythning from my husband .no allimony..no property and no child custody. so on what grounds can he file the case again? moreover is there no way out where i can prevent him from sending me the notices if at all he applies in a higher court?

Sudhir Kumar, Advocate (Expert) 23 September 2013
so on what grounds can he file the case again?

Ans : Either his advocate knows or he knows.

You can get this answer from some whom you show all the papers.

Sudhir Kumar, Advocate (Expert) 23 September 2013
moreover is there no way out where i can prevent him from sending me the notices if at all he applies in a higher court?

Ans : You can get this answer from some whom you show all the papers.

Further constitutions provides a fundamental right of constitutional remedies. This forum cannot advise how to infringe FRs of someone.

Dr V. Nageswara Rao (Expert) 23 September 2013
1. The losing party can always exercise his right of appeal
2. There is no way you can stop from appealing. Evading notices does not help you.
3. Your not claiming alimony etc does not make any difference.
4. If the lower Court granted divorce by mutual consent, then there will be no appeal.

Raj Kumar Makkad (Expert) 23 September 2013
Appeal is the right of your husband. Had it been a mutual divorce, no appeal would have been possible but legally you shall have to wait for re-marriage till the finalization of his appeal.

Sarvesh Kumar Sharma Advocate (Expert) 24 September 2013
If the case decided on merit then every party got a rite to appeal with in limited period however if the case decided in "lok adalat" no appeal can file

V R SHROFF (Expert) 24 September 2013

[1] he is forcing me to sign papers for a joint property but i dont want to sign it..
[2] U wanted 13B, he refused & contested Div

Theses two incident / points suggest that he will APPEAL against Divorce Order.

SO WAIT FOR RE-MARRIAGE TILL APPEAL PERIOD IS OVER, AND NO Chance for condonation Delay to file Appeal . [check when he applied True Copy, and whether he postpone getting it? as it add to appeal period number of days. ]