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satya (Manager)     28 February 2016

Appeal against divorce

Dear experts,

            My marriage dissolved on 05/11/2014 and my ex wife filed appeal against the order on 12/12/2014. As per family court act 1984 sec 19(3) the time allowed for appeal is 30 days from the date of order hence the appeal is time barred. Secondly section 15 of hindu marriage act allow to get married again when the time of appeal expires without appeal. I got remarried on 06/12/2014. 

         I am submitting objection in high court what is possibility of acceptance of objections?



Learning

 11 Replies

Vijay Raj Mahajan (Advocate)     28 February 2016

 

No, the appeal against the divorce order is not time barred, check section 28(4) of the Hindu Marriage Act, 1955 where time limit for filling appeal is 90 days not 30 days, and divorce was granted under this Act.

As far remarriage is concerned you can remarry any time after the decree of divorce but the period of filling appeal of 90 days should have been taken in account by you which you did not and remarried after 30 days.

The mistake of getting remarried after 30 days and not waiting for 90 days is due to wrong legal guidance of your lawyer, his inexperience and stupidity has caused this problem for you.

If the High Court set aside the decree of divorce, your second marriage will become null and void.

The maximum that High Court will do in such case is to ask you financially compensate your first wife by giving her good amount of alimony as settlement of the issue, allow the decree of divorce as granted by trail family court as valid so that you move ahead with your second marriage.

 

satya (Manager)     28 February 2016

sir ji in family court decision it is 30 days. Please read section 19(3) of family court act 1984 and appellate also filed the appeal under section 19 of family court act 1984

Neeraj1981 (se)     28 February 2016

As per sec 19 (3) of family court act 1984, it is 30 days from the date of the judgment or order of a Family Court. The appeal is time barred and not valid any more

Vijay Raj Mahajan (Advocate)     28 February 2016

The doubt about time limit of appeal that you have is because you see 30 days in the Family Court Act,1984 that 30 days limit was in the Hindu Marriage Act,1955 till 2003 but with amendment in 2003 time limit was made 90 days. With the amendment in the Hindu Marriage Act,1955 the 90 days limit shall prevail.

satya (Manager)     28 February 2016

Sir, The amendment was made in only in section 28(4) of hindu marriage act not in section 19(3) of  family court act. 30 days is prevail in Rajasthan High Court and as per provision of family court act only double bench may hear the appeal against the orders of family court where as the appeal against any order of district judge may be heard by single bench. The main issue that the appellate filed the appeal under section 19 of family court act 1984. 

satya (Manager)     28 February 2016

Thank u renuka ji for intellectual response. High court having lot of powers to deal the cases. I know that the high court may allow appeal 30 days(Family court act)+180 days( Limitation act).. It is very hard to win the situation of gender biased law. 

I am very specific to use section 19(3) of family court act 1984 as the appellate also appealed in section 19 of family court act.

Section 15 of Hindu marriage act allow to get remarried after expiry of appeal period without appeal. I got remarried on 06/12/2014 before filling appeal by appellate. The decree dated 05/11/2014 have be executed on getting remarried. Whatever power of high court to allow her liberty is not binding on me. 

These will be my submissions what will do high court it is up to high court.

MANISH KUMAR GUPTA   28 February 2016

In which High Court your case is pending?

satya (Manager)     28 February 2016

Rajasthan High court Jaipur

MANISH KUMAR GUPTA   28 February 2016

What is the case no.? plz provide me objections raised by you in the Hon'ble High Court?

satya (Manager)     29 February 2016

I will file objections of section 19(3) of family court act and section 15 of HMA 

MANISH KUMAR GUPTA   01 March 2016

Any further suggestions or queries please mail me at 498alawyers@gmail.com  and visit my Web Site: www.498alawyers.com  


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