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All is NOT well (Harrased by Biased Laws)     13 May 2014

Appeal duration - sec 28 (4) of hindu marriage act

Dear Ld. Members,

 

As per the bare act of HMA 1955 - Section 28 (4), the Appeal period after Decree of Divorce is Thirty (30) days, but I have seen over internet somewhere that it is 90 days, as Substituted by Act 50 of 2003, section 5, for "period of thirty days" (w.e.f. 23-12-2003).

The 28 (4) of Bare act is:

"Every appeal under this section shall be preferred within a period of thirty days from the date of the decree or order."

So I am a bit confused now, whether the Appeal duration after Divorce decree is 30 Days or 90 Days.

Please Clear the Doubt.

Thanks.



 3 Replies

Mahesh R. Sonawane (Lawyer/Fight for justice)     13 May 2014

90 days....

Laxmi Kant Joshi (Advocate )     13 May 2014

You can move an application within 30 days with sufficient reason in the same court requests to set aside its ex-parte order and re- open the case as you want to contest it , if you failed to do so then you can approach to high court for an appeal within a period of 90 days from the date of decree .

All is NOT well (Harrased by Biased Laws)     13 May 2014

Thanks a lot for clearing the doubt ! :)


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