Upgrad LLM

divorce


my sister was granted divorce in lower court.but after the expiry of appeal period her ex husband filed an appeal to which her lawyer respond ed but the petitioner ha
s not appeared.he wants to linger the matter.my sister remarried after expiry of appeal period.kindly suggest
 
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Lawyer

Originally posted by : Avantika Banerjee
my sister was granted divorce in lower court.but after the expiry of appeal period her ex husband filed an appeal to which her lawyer respond ed but the petitioner has not appeared.he wants to linger the matter.my sister remarried after expiry of appeal period.kindly suggest

Let her ex-husband may or may not appear in his petition it do not make any difference till the time his (ex-husband/appellant) counsel appears and attends proceedings. However, your sister has to contest the appeal through her lawyer.

After expiry of period for filing an appeal if your sister got married, it is valid and nothing to worry, advise her to enjoy her matrimonial obligations/ life and help her to settle down.

 
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Lawyer

After statutory period the appeal may be filed  if it is accompanied by an application u/s 5 of the Limitation Act, 1963 for condonation of delay wherein delay is condoned by competent court and appeal shall be admitted, 

 
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