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arunsrinivaas (pensioner)     03 August 2015

Query

respectable counsels,

    my mutual  consent  divorce case at 3rd family court at chennai had been dismissed on 5-6-15 and  to get dismissal order copy i applied on 8-6-15 but only got dismissal order copy on 16-7-15 (after 38days )

  1.can these 38days be added to limitation period of 90 days from 5-6-15 if i have to appeal in high court for my divorce case?

  2.what other reasons for condonation of delay in filing of appeal in chennai high court can be quoted to be accepted by honourable judge of chennai high court.?

  3.can i file appeal application with dismissal order copy within 90 days appeal period in high court by party in person and later filing vakalatnama in high court (normaly it takes time for fixing efficient lawyer for dismissed family cases)

 4.i have lost hefty amount in connection with my mcd case (payment of one time permanent alimony + legal professional charges ( due to neglegent counsel in filing mcd petition ( failed to quote about payment of permanent alimony but i have receipt in 100 rs stamp paper for paid one time permanent alimony. my humble question is

     as supreme court of india middle income group legal aid society in delhi is there to aid middle income group litigants is there branch of supreme court of india middle income group legal group society in chennai high court so that i can avail scheme of that society in chennai?



Learning

 3 Replies

pari   03 August 2015

i would like to apply for a divorce from delhi coz my marriage took place here. my husband stay in bangalore whether he can file the divorce from there? if he do so can i get a transfer of this case to delhi?

prabhakar advocate (advocate)     03 August 2015

@ Arun Srinivas - As per Section 12 (2) of Limitation Act, 1965, the period taken for obtaining the certified copy of the judgement appealed, shall be excluded.  That means, 38 days will be added for limitation period.  Even otherwise also, if limitation is taken 90 days, there is ample time for you to file an appeal against the order dated 05.06.2015.  So, on that ground you need not worry.  But the thing is that Family Courts Act says the appeal period is 30 days where as HMA says the appeal period is 90 days.  There are different judgments on this point, but ordinarily courts are allowing the appeals reckoning 90 days as appeal period.  (2) Every High Court has got its legal aid service and if you meet the minimum qualification you can approach through legal aid counsel.  But you visit their office and find out the annul income prescribed by them to entitle free legal aid.  (3)  It appears that in the first motion you paid hefty amount to your  wife and she did not turn up or refused to give her consent in second motion.  If that is the case, you have got bright chances to clinch the issue in HC.  (4)  You can file appeal saying appeallant in person and by that time the matter comes up for hearing engage an advocate and he will file vakalatnama.

prabhakar advocate (advocate)     03 August 2015

@Pari,

If your marriage had taken place in Delhi, or you both resided together lastly in Delhi or presently at the time of filing the petition, if you are staying in Delhi, you are entitled to file divorce petition from Delhi.  If he files his divorce petition in Bangalore, you can file transfer petition in Supreme Court for transferring the case from Bangalore to Delhi, where your case is pending.  Then taking both the cases together, the court will decide the matter.

Prabhakar Advocate,(M) 9958670740

Legal Aid panelist - Central Delhi (Tis Hazari)


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