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Guest (n/a)     29 August 2009

appeal time after divorce

hii, whtis the appeal time after getting a divorce decree, I got divorce order on june 30 2009. and copy ready date on judgement is july 31, so how long i should wait for a remarriage. In fact i need to wait little bit more before going to another marriage, but the problem is if i wait more and if she gone with an appeal again i will be trapped for years.so kindly reply 


 5 Replies

Mrs. Hetal Sunil Shah (Advocate)     29 August 2009

it is 30 days under Indian Limitations Act.

Anjali (IT)     30 August 2009

it is 90 days..If no appeal was filed within 90 days or you have not received any summons within 90 days you are free to marry..

Mrs. Sunil Shah , there was an amendment in past within few years..I believe it was in 2003/2004

Mrs. Hetal Sunil Shah (Advocate)     30 August 2009

anjali thk u.

Adv. Deepak (Advocate)     30 August 2009

Mr. Jaswant,  Under S. 148A of Civil Procedure Code, you may lodge a cavet application before the Hon'ble High Court, if the decree is made by Family Court or District Court or before the District Court, if the decree is made by Civil Court.  A copy of the caveat application is required to be served on the opposite party by registered AD.  When the opposite party is served with caveat application, it is the duty of the opposite side to inform you before completion of 90 days, that they have preferred an appeal and send you the copies of the attached documents at your cost. Otherwise, there is a likely possibility that the other side approaches the appellate authority and get ex-parte orders.  When caveat application is made, the court is bound to serve you the notice and will not pass any ex-parte orders without hearing you.  If after 90 days of making caveat application, if you receive no notice either from the court or from the opposite party, you can safely assume that no appeal is preferred and get married peacefully without any worry.  ddkharpudikar@indiatimes.com

Prof.A.S.Dalal (Professor)     31 August 2009

 Anjali is correct.Ave. Deepak has eloberated it further.

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