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Nilu (advocate)     23 October 2015

Time limit for appeal against 125 crpc in hc

Dear Experts

Please guide me as to what is the time limit for appeal or revision in High Court aganist 125 CrPc final maintenace order.

Is it 30 days or 60 days or 90 days from the date of final maintenance order passed by family court

Many Thanks.


 6 Replies


Its 90 days from the date of the order,to appeal in HC.

Rakesh Agr (fighter)     24 October 2015

Nilu - please check the link below. It will clarify all your queries. Please thank and resolve if answered filly.

Samir N (General Queries) (Business)     25 October 2015

This is an oft-repeated question and the practical answer to all such questions related to time to file an appeal is that there is no time limit!  Yes, time limit does exist in law, depending on the Act in which it is defined, but applications to condone the delay to file an appeal are easily granted in most cases. This is very different from western legal systems in which the time to file an appeal is strictly adhered to and a delay by even one day automatically denies the appellate court of jurisdiction. 

So, if in doubt, just simultaneously, along with the appeal, file an application to condone the delay. Litigants cook some excuse or the other and get away with it.  In some cases, appeals are even accepted years after the day to appeal has expired!!! 

Of course, a stitch in time saves nine. So, try to file an appeal without further delay!

T. Kalaiselvan, Advocate (Advocate)     30 October 2015

Well advised by experts, it is 90 days from the date of the judgement excluding the time taken for getting the copies.

Augustine Chatterjee,New Delhi (Advocate & Solicitor at Law)     12 November 2015

I am in disagreement with the ld experts. The appeal period shall not be governed by the limitation act but the family courts act. The latter is a special provision and shall hence prevail over a general law. The time period is 30 days.

FightForCause (Businessman)     12 November 2015

On Advise of Mr.T. Kalaiselvan 

This thing confuses me even more.

Opposite party can go after 2 months and ask for certified copies.

Then they can bribe the babus and get the copies after 30-40days.

So does that mean these 100 odd days from the date of judgment will not be counted or am i miising something. Can someone clarify please.

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