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akash (engineer)     02 December 2014

What time limit for filing appeal in high court

my wife filled RCR against me  along with other cases.but in this i was not attending for last 2 months. and per information of my lawyer court has given order for interim maintenance on 25/11/2014.I want to appeal in high court against order but till the date they are telling certified copies are not received.

so am here want to know that what is the time limit for appealing in high court. and how much i am safe if my lawyers are bluffing.



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 4 Replies

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     03 December 2014

A certified copy is available very easily. If applied in urgent it takes hardly 3-4 days. The time period for filing the appeal stands to be 30 days as the case would be governed by the Hindu Marriage Act read with the Family COurts Act. 

However any delay in filing the appeal can be condoned by filing an application u/s 5 of the limitation act.

 

PS: Trust your Lawyer :) Most of them are good people.

akash (engineer)     04 December 2014

thanks for response.today My lawyer got certified copies.

here i am having ONE  more doubt.

in this condition if  opted for higher studies, where i have to take leave for higher studies and i will not get salary i only get stipend. what  is the possible verdict .

for this additional information

stipend  will be around Rs. 11,000/-

my wife previously worked as contract lecturer

we are having 2years kid 

T. Kalaiselvan, Advocate (Advocate)     07 December 2014

The facts stated subsequently are to be put forth before the court when the court is hearing the main petition for maintenance by providing the documentary evidences before the court to convince your statement about your inability to pay the maintenance and her ability to earn income on the basis of her previous employment.

1 Like

akash (engineer)     07 December 2014

thank you sir


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