DV appeal

hi, DV case order passed MM last 29.10.2013. till date i am not received the order. i am going to apply appeal to HC. what is the time limit to apply...

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8 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 07 November 2013

you can approach to sessions court within 30 days

stanley (Freedom) 07 November 2013

Section 29 in The Protection Of Women From Domestic Violence Act, 2005

29. Appeal.- There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later. CHAPTER V MISCELLANEOUS CHAPTER V MISCELLANEOUS

And it is 30 days from the date you receive the order . But by the way have you applied for the order at the trial court and was this the final order or the interim order .

john (na) 07 November 2013

hi stanley, this is only interim order. petition filed under section 23 r/w section 19 and 20 for DV act..

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 07 November 2013

Dear John

the time limit to file Appeal is 30 days from the order received by Respondent or aggrived person which is later.

for example the MM passed an order on 29.10.2013 & you applied for the same on next day 30.10.2013 & received the certified copy of the order on 06.11.2013 then the limitation will be start from 06.11.2013

Laxmi Kant Joshi (Advocate ) 07 November 2013

The limitation period to file appeal in sessions court is 30 days from the date of order received by you .

T. Kalaiselvan, Advocate (Advocate) 07 November 2013

If it is an interim order by the court, you may have to apply for a certified copy of the same immediately on the following day of the order and in this case only a revision of the order will lie and not an appeal, please confirm.

Samir N (General Queries) (Business) 07 November 2013

Take all of the above opinions SERIOUSLY. The more you delay, the less are your chances to get condonation of delay, which you can seek if you exceed the time limit, whatever it is.