Rangarajan (Consultant Physician) 18 July 2011

HC Notices. Pleeeease advice. Urgent.

Hi Learned Forum,

Please advice me. FC granted Decree of divorce, she then appealed at the HC and obtained "interim suspension".

First I received the interim suspension Order by reg. post.

Following week I received another reg. post with a notice (signed by Asst. Registrar - Judicial) and a copy of her appeal petition. The standard printed notice says

" Take notice that an appeal/revision petition " from the above decree/order has been presented by the above named appealant or petitioner and registered in this court, and that if you intend to defend ths same you must enter an appearance in this court and give notice thereof to the appealant or petitioner or his pleader within 30days after service of this notice to you.

If no appearance in entered on your behalf by yourself, your pleader or someone authorised by law to act for you in this appeal/revision, it will be heard and decided in your absence. "

I consulted an Advocate. In his reply, following is what I understood. Is it right ?

Stay has been granted on the decree of divorce and if I want the stay to be vacated I should contest within 30 days or else the stay will remain in right effect until the final disposal of the appeal.

The dates for contesting the appeal will be notified in due course.

The final disposal can easily take one year.

Is my understanding correct ? Please pleeeease advice at earliest.

Thanks in advance.

Rajan

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4 Replies

P V Namjoshi (pvnamjoshi@gmail.com) 18 July 2011

Appear and contest the case. Also contest the stay application. Be sure stay will not be vacated till decision of the case. Better course would be file an application for early hearing of the case stating the relevnt grounds why you seek early hearly hearing. Do not make hast pleas.

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Rangarajan (Consultant Physician) 19 July 2011

Hi pvnamjoshi,

Thanks for taking the time to advice. My real question at the moment is this.

If I don't show-up or have an attorney within the 30 day period, will I automatically lose the opportunity to contest the appeal ? What exactly is the criticality of the 30 day period ? Please advice. Thanks.

Regards,

Rajan

P V Namjoshi (pvnamjoshi@gmail.com) 19 July 2011

Not that you give personal appearance and request the court to adjourn the case for few days to engage counsel and the court may generrally grant time for the said cause. In mean while you may engage a counsel to deal with your case.

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Rangarajan (Consultant Physician) 19 July 2011

Thanks Mr.Namjoshi for prompt response,

So it means that I must make appearance BEFORE the 30th day to request additional time to engage a Counsel ? Or else... it will be decided in my absence ...?

Thanks,

Rajan