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harish (manager)     14 January 2010

ex-party divorce

dear sir ,

 I have got ex-party divorce. Her appeal limit  is for 90 days. can she file the appeal against ex-party divorce  after copletion of 90 days. where she  can file the appeal,  in same court or high court? I can not marrige just now , even upto six month, what is the remeady ?


 2 Replies

sunil pagare (lawyer)     14 January 2010

sec.28 of HMA is regarding appeal,appeal shall be filed witin 30days from the date of  judgement decree.Time to get certified copy is exclueded. If judegement & decree passed by Family Court,appeal lies to High Court & passed by C.J.S.D. appeal lies with District Court. Bcoz Family Court not  established in every district & there power is delegated to C.J.S.D. You have to wait for the appeal period is over.

Hardik Mehta (Family Counsellor)     15 January 2010

She has to file an appeal in High Court and give the reason for delay in setting aside the order. If the time period is over, then you can get married without any hassels. Assume that she has accepted the divorce. Dont worry, after the expiry of 90 days, you can get re-married happily.

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