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Hope Future (Fighting for justice)     24 March 2012

Appeal against family court judgement

My friend was not fortunate to get a proper justice in the Family Court. The judge had declared divorce in his final judgement and did not award any maintainence amount to her.

If the verbal judgement was given was 1st March and we still haven't received the hard-copy of the judgement what is the deadline date to appeal against the family court judgment (in the high court)? Is it one month from the verbal judgement date or one month from the date the hard-copy of the judgement was given to us?



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 8 Replies

Shantilal Pandya ( Advocate)     24 March 2012

 if your friend  has  have applied for copy of judgment and  decree   the time the cout consumes for giving copy of the judgment and decree is excluded in comuting the period of limitastion 

1 Like

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     24 March 2012

The time of filing an appeal is 30 days from the date of judgment - however the following periods are excluded (i.e not included in 30 days prescribed period)

i) date of judgment 

ii) time requisite in obtaining a copy of judgment/decree

I am sure you must have applied for a copy of the judgment. 

1 Like

Adv. Chandrasekhar (Advocate)     24 March 2012

If the divorce is under Hindu Marriage Act, the appeal period is 90 days from the date of the order.  If the certified copy is applied within 90 days, the days taken to get certified copy will be commuted for the appeal period.  

Dear Advocate Bharat Chugh,

The period of 30 days has been amended to 90 days w.e.f. 23.12.2003.

1 Like

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     25 March 2012

Yes, I agree with Adv. Chandu, the time is 90 days.

1 Like

sourendra pandey (Advocate)     21 July 2014

With utmost humility I may say that both Mr. Chandra Shekhar and Mr. Nadeem Qureshi are wrong as far as the judgment passed by the Family Court is concerned. Mr. R.P. Chugh is correct as the Family Court's Act, 1984 provides under section 19(3) that every Appeal under this section within 30 days from the date of order. Section 19 (1) provides for filing of appeal against the judgment and decree of a Family Court before the High court. 

N R Dash.. (Advocate)     27 November 2014

Saurendra Pandey, the suit was filed under the HMA & u/s 28 of Hindu Marriage Act, the appeal shall be preferred within a period of 90 days from the date of order.... Both Mr. Chandra Shekhar and Mr. Nadeem Qureshi are absolutely right in this regard...

sourendra pandey (Advocate)     27 November 2014

Nihar Ranjan Dash - Kindly read sections 7, 8 and 20 of the Family Court's Act, 1984. Your ignorance on the point shall be answered. If not, please contact a good senior lawyer of your area and I know you shall be guided well to understand the  provisions of the said Family's Court Act. If you want I shall send some case laws too but I shall like you to read so that your concept improves and you'll be a better Legal Advisor in days to come.

N R Dash.. (Advocate)     28 November 2014

#Saurendra Pandey: I appreciate that you concerned about improving my knowledge.  Please, if you could send me the case laws, would be much appreciated. Learning is a never ending process & I would love to avail chances of learning & not showing how intelligent I am.....

Further, I would like to ask have you really gone through the sections you mentioned in the reply, have you read between the lines. Family court definitely can take cognizance of the litigations; however, the HMA was & shall always be prevailing. Family court have the discretional power to make its own for the procedure only, but the core law & sections of HMA remain unaltered.

 

My friend, I would greatly appreciate if you kindly show some professional etiquettes while posting your replies. Legal World is like an ocean & we have not yet grasped even a drop of it. So pretending as knowledgeous & developing an inferiority complex towards your professional colleagues are not at all good habits. Kindly refrain from that & pay respect to the profession….. 


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