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Victim of Greed (Worker)     29 May 2014

Confusion about duration to file an appeal in mumbai high co

Hello Experts,

I would like to know the duration to file my appeal against final maintenance order and dismissal of my divorce case judgement passed by mumbai family court on 25th April 2014 at 6.00 p.m. I have applied for certified copies of the same on 28th April as the court office got closed on 25th evening at 5.30 p.m. & 26-27 was holiday. Now, I would be receiving the same on 2nd June 2014.

Few advocates have told me I should file my appeal in the High Court on or before 30 days from the date of receipt of the order. Whereas few told me it is 90 days.

One advocate said "the period of 90 days made to 30 days vide the amendment made vide marriage act of 50 of 2003. so now the appeal period is 30 days only. "

I would be glad if anyone can tell me the exact number of days. Thank you very much in advance !!!



Learning

 15 Replies

Adv k . mahesh (advocate)     29 May 2014

30 days from certified date and already the vacation is also completing file as soon as the court reopens

1 Like

Victim of Greed (Worker)     29 May 2014

Thank you Mr. Mahesh, I have been called to collect on 2nd june.. But certified copy of the judgement order might have got printed much before 2nd june.. So, which date will be considered as the date of receipt ?

N.K.Assumi (Advocate)     29 May 2014

Period of limitation will start running from the date of the receipt of the Judgment.

Victim of Greed (Worker)     29 May 2014

Period of limitation will start running from the date of the receipt of the Judgment.......???? Please apologize but i did not understand what this mean...

Laxmi Kant Joshi (Advocate )     29 May 2014

you should file your appeal in the high court within 30days from the receipt of the judgement.

Victim of Greed (Worker)     29 May 2014

So that means from the day i will collect the judgement copy... Am i right ?? Please correct me if i am wrong..

Damayanti (Unemployed)     29 May 2014

read

https://www.jeywin.com/wp-content/uploads/2009/12/Marriage-Laws-Amendment-Act-2003.pdf

 

30 is change to 90. so now you have 90-3 = 87 calender days (you took 3 days to ask copy formally)

 

Also,

They officially must have given you a date X ( 2 june) initially by which copy would be made ready.

They also mention the actual date Y (e.g. 2 june ) by which they actually made the copy ready. 

if Y is earlier than X then Y is treated same as X. (our judiciary would never have scenario of Y < X. nothing is ready on time!!! ... forget if anything gets ready well before time!!!). 

They also mention the actual date Z on which the copy was actually issued to/collected by litigant.

 

If they happen to make the copy ready well before time i.e well before X, then it is your duty to collect it on X.  If you yourself cause delay to collect the copy after date X then it may go against you.

 

 

The earliest of Y and Z to be taken for counting of days available for filing appeal (87 days in your case)

if last day happens to fall on holiday then the immediate next working day is the last day. 

Adv k . mahesh (advocate)     30 May 2014

I wanted to clarify you once again, go through this website which is latest https://www.vakilno1.com/bareacts/limitationact/limitationact.html#Schedule_8211_Period_of_Limitations

  • Schedule – Period of Limitations = 
  •   Division II
  •  Division II

    SL. NO. DESCRIPTION OF SUIT PERIOD OF LIMITATION TIME FROM WHICH PERIOD BEGINS TO RUN

    114.

    Appeal from an order of acquittal, -    
      (a) under sub-section (1) or sub-section (2) of section 417 of the Code of Criminal Procedure,1898;

    Ninety days

    The date of the order appealed from.
    (b) under sub-section (3) of Section 417 of the that Code.

    Thirty days

    The date of the grant of Special leave.

    115.

    Under Code of Criminal Procedure,1898    
      (a) From a sentence of death passed by a court of section or by a High Court in the exercise of its original Criminal Jurisdiction.

    Thirty days

    The date of the sentence
      (b) From any other sentence or any order not being an order of acquittal -    
    (i) to the High Court

    Sixty days

    The date of the sentence or order.
    (ii) to any other Court

    Thirty days

    The date of the sentence or order.

    116.

    Under the Code of Civil Procedure,1908    
      (a) To a High Court from any decree or order;

    Ninety days

    The date of the decree or order.
    (b) To any other court from any decree or order.

    Thirty days

    The date of the decree or order.

    117.

    From a decree or order of any High Court to the same Court.

    Thirty days

    The date of the decree or order.
     

Victim of Greed (Worker)     30 May 2014

Hello experts,

 

Frankly speaking, I am more confused now....

 

Please help me.. its a humble request !!!!! I agree with what Ms. Damayanti said but other experts are giving me different days.

 

Please help me !!!!!!! Please...

Adv k . mahesh (advocate)     31 May 2014

alright the date is only two days after then consult the court authorities while taking the order copy and in how many days you can file 

i had given as per your query and also i had given the table which clearifies your doubt and Madam answer also 

1 Like

Victim of Greed (Worker)     05 June 2014

Hello,

Blessing in disguise.

I have been told to collect certified copies of the Judgement and Decree order after 15-20 days as decree is not yet been typed by the court. Meanwhile, I have downloaded softcopy of my judgement from the family court website. I will seek help from other advocates to get info on how to file an appeal in mumbai HC.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2014

Yes, it would be 30 days from the date of receipt of judgment in your case, as detailed by you. It is very clear. Where is the confusion?

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.
1 Like

Victim of Greed (Worker)     06 June 2014

Thank you Shonee Ji,

The clerk said Jugdement is ready but Decree is yet to be typed so she insisted to collect both after 15-20 days (she did not give exact date) as both would be needed to file an appeal.... Is she correct ?

Awaiting for your reply !!!!!

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 June 2014

Judgment needs to be challanged to set aside the decree. You can use judgement only to challange the same.

 

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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