What is appeal time in high court?

HI Captain Sir,

Could you please explain my following understand is correcct?

Normal Appeal period is 90 days.

If i produce medical certificate then 60 days from the date of fitness certificate..

that means total of 90 plus 60 days is the time for appeal??

CAn you please correct me if my understanding is wrong??

 

Thanks

SSP

 

 

 

Hi Reddi Sir, Thanks for your Reply.. Its almost Five and half months that i got judgment from Session court.  I dont have any solid reason for delay in appeal except some personal reasons. Can i submitt a medical certificate shows the reason for delay,  and can i apply appeal in HC now? Thanks SSP    Originally posted by : TGK REDDI
	Agree with Shri Captain.    Information regarding Special Leave Petition is, though not relevant, is additional and should be welcome.     Other information is also quite useful. I may be allowed to add: In appropriate circimstances delay can be condoned.

 

Hi you file your appeal in high court after getting your decision copy from lower court its 3 month time to file appeal in high court and you need to show you want to file appeal in high court and lower court provide you copy of judgement \

o plz file appeal in high court after getting decision copy to 90 days 

thanks 

hi,,,,,so does it mean...only after a judgement copy is recieved, the 90 dayperiod starts? so if suppose, someone does not take a judgement copy even for a year and more, and after more than a year, he files for a certified copy,, does his period start form taking a certified copy?

Thanks for your reply Mukesh, Mr. Ganesham, My understanding is appeal period is 90 days starts from Date of lower court judgment... or one month from the date of certified copy you received..considering you applied for copies immediately after the judgment... Regards SSP

The appeal period is 90 days.  The time taken from applying certified copy to getting certified copy is excluded.  Suppose, if it takes seven days for obtaining certified copy, then the appeal period is 97 days.

But in your case, my strong suggestion is not to go to appeal in High Court.  High Court will take a lot of time to dispose the appeal and it may also upheld the trial court decision.

But as you have got "judicial separation", it is a very good thing for you.  Read 13 (1A)(i).  If after judicial separation, you both have not cohabitated for one year, you are entitled to divorce decree.  So, just after one year of judicial separation decree, you again file divorce case in the same court, under Section 13 (1A)(i) and you will definitely get divorce.  No one can stop it. 

Hi Prabhakar Sir, Thanks for your reply..As you said i did not choose to go for Appeal.. But now my opposite party filed appeal against lower court judgment Judicial separation.. So could please suggest me whether i have to file counter asking to dismiss her petition only (or) Pray for granting Divorce including dismiss her petition ? Regards SSP

You file reply to her appeal and also file counter claim affixing court fee seeking divorce. If time limit is over for filing counter claim, then file an application for condonattion of delay. That will be taken care of your advocate.