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MANKU (EXECUTIVE)     22 November 2014

Please inform

Dear Experts,

I shall be grateful if you could let me know what is the time period for Appeal  in High Court from a judgement (Divorce) in Family Court. It is 30 or 90 days? What is the procedure of counting the Limitation ? Whether all Saturdays/Sundays and Holidays are exempted? If the Judgement was passed on 5th September 2014 when is the Appeal period going to over ?

Kindly  reply

Regards.



Learning

 3 Replies

Pvt_RajKing (Private)     22 November 2014

As per Section 19 in The Family Courts Act, 1984, it is 30 days which is generally the case in other appeals as well.. It excludes court holidays and starts from the day order copy is received or is made available for the party to collect (the earliest of both)... I do not think it excludes weekends. I just checked s.12 of the limitation act and it does not exclude weekends.

In case of delay, You can also file condonation of delay u/s 5 of limitation act r/w s.151 of cpc and it is usually condoned if you can provide a genuine reason for delay.

MANKU (EXECUTIVE)     22 November 2014

Is it 90 days ( Reference Act 50 of 2003 Section 5 of Hindu Marriage Act ( Amendment).

Kindly elaborate to clear my confusion please.

Regards

Pvt_RajKing (Private)     22 November 2014

Yes as per the amendment to section 28(4), it is ninety days.. If the case was instituted under The Hindu Marriage Act then this should be applicable and shall supersede the Family Courts Act.


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