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shivani (housewife)     21 March 2024

Appeal in delhi high court

MM final order was passed under dvact in July 2020. Later appeal was filed by husband & sessions order was passed under my dvact case in May 2023. Due to certain circumstances now I want to file an appeal in high court but it's almost one year now . Still can I file an appeal ? Is thr any limitation ? Pls advice.. it's with regard to section 19 prayer. It got rejected by mm and sessions judge also. Now I want to explore my rights under section 19 of dvact. So if I file an appeal in high court will it be maintainable bcz it's almost one year of sessions order. Delay can be handled ?



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 10 Replies

Real Soul.... (LEGAL)     21 March 2024

Well appeal is a matter of right but to be filed within statutory period of 90 days ; but if you have valid reasons that can explain the delay period then you can file with  condonation of delay application under section 5 of limitation act – If the reasons are cogent the courts are liberal in condoning the delay.

shivani (housewife)     21 March 2024

@ real soul- thanks a lot for your suggestion

T. Kalaiselvan, Advocate (Advocate)     21 March 2024

Pproceedings under Section 12 of the Domestic Violence Act can be challenged in the High Court only under Article 227 of the Constitution. 

Therefore yoiu may clarify if an appeal against the Sessions court decision can be preferred before high court.

 

Dr. J C Vashista (Advocate )     22 March 2024

You have already stated to have availed your right to appeal against the order passed by MM before Sessions Court u/s 29 of the Protection of Women from Domestic Violence Act, 2005 (within 30 days).

If you were aggrieved by the Sessions Court order on appeal, you could have filed a Criminal Misc. Petition before Delhi High Court within 90 days.

Now you may try and file an appeal with an application of condonation of delay with explaination for delay. 

 

shivani (housewife)     22 March 2024

@t kaliselvan - thanks for your opinion sir.

 

@j c- sir appeal was preferred by husband in sessions court and sessions court had dismissed his appeal. He went for an appeal in high court. And due to certain circumstances i need to appeal in high court now. Thanks for your opinion. I think that now I will go for the legal aid process as they will be able to tell even better after seeing all the case files.

Shashi Dhara   22 March 2024

You defend in high court or cross appeal in high court.

shivani (housewife)     22 March 2024

@shashi dhara- ok. Thanks a lot for your opinion

Dr. J C Vashista (Advocate )     23 March 2024

Once an appeal has been dismissed by High Court you cannot move another appeal in High Court, be clear what do you intend to do ?

T. Kalaiselvan, Advocate (Advocate)     24 March 2024

You are welcome for your understanding.

 

shivani (housewife)     26 March 2024

@jc - ok

 

@ t kalaiselvan- thanks sir


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