Time for appeal in highcourt in family matters

Tilak Marg Forum for Legal Questions Forums Family Law Time for appeal in highcourt in family matters

This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 4 weeks ago.

  • Author
    Posts
  • #4790

    Hi team,
    Appreciate you are providing free service. I have 2 questions for time of appeal in high court.
    1) how many days have appeal to high court in family court matters ?
    My petition has dismissed (section 13 a iii )
    My finale judgement date is 27 march 2018 but i received copy of judgement today ( 21 may) so my 2nd question is time starts from 27 march or 21 may ??

    Thank you
    Dnyaneshwar
    Pune. 8983002012

  • #4796

    The limitation period to file appeal in a family matter would depend on the legal provision under which the appeal is filed.

    If the appeal is filed before the high court under Section 19 of the Family Courts Act, 1984, then sub-section (3) of this section provides limitation period of 30 days.

    If the appeal is filed under Section 28 of the Hindu Marriage Act, 1955, then the limitation period is 90 days.

    Limitation period is counted from the date of the order. However, the period between the date of application of certified copy and the date of actual delivery of certified copy is excluded.

    In your case, the date of order is 27 March 2018 and the date of getting copy of the judgment is 21 May 2018; however, you have not mentioned when did you apply for getting a certified copy. The actual time period taken for delivery of the certified copy of the judgment from the date of your application for certified copy is generally excluded while calculating the limitation period.

    However, if the judgment is first released on 21 May itself, then the limitation period may start from this date.

    You should consult your local lawyer with the detailed facts on this issue.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers.

You must be logged in to reply to this topic.

Facebook Comments

[Note: These Facebook Comments are not monitored by Forum Editor. Hence, they may not be replied to. If you want to ask a free legal question, click here.]