Time
5 years ago
After losing case in district court within how much time should one can go to the high court
A.1. Limitation of appeal is depends upon the case type.
2. Discuss with a lawyer.
2. Discuss with a lawyer.
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A.in some matters one month and in some 3 months, unless time is mentioned in the lower court order itself.
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A.Can Hindus appeal divorce in 30 or 90 days of decree? HC to decide
Dear Sir,
The subject still before the High Courts/Supreme Court whether it is 30 days as per Family Court Act or 90 days as per Hindu Marriage Act. Earlier is the better.
Is remarriage by a Hindu between 30 and 90 days of a divorce verdict a legal marriage? This is a perplexing question which a 39-year-old Hindu woman, now in an advanced stage of pregnancy in her second marriage, faces. The case is finally likely to be decided by a full bench of theBombay high court. In September 2014, the high court had granted a status quo in the case, two months after she had remarried following her divorce granted by a family court that April.
Last week, the HC set up a full bench to decide a legal conflict on the appeal period for Hindu couples. The three-judge bench will decide whether the Family Courts Act, which provides for a 30-day deadline, or the Hindu Marriage Act, which provides for a 90-day deadline, is applicable to divorcing Hindu couples.
The significance of the limitation provided by law is that once the appeal deadline ends, the divorced couple is free to remarry without the fear of challenge to the family court decree.
The full bench was finally set up 14 months after a division bench referred the controversy to a larger bench, in a similar dichotomy that arose in an appeal. The reason was that nine years ago, in April 2007, a bench of Justices J N Patel and Amjad Sayed had held that the Hindu Marriage Act, being a special law, would override the provisions of the Family Courts Act, and aggrieved husbands or wives could file appeals against a family court judgement within three months, not 30 days. The bench said the relaxation would apply only to Hindu marriages.
In December 2014, a ruling by another bench divorced itself from the earlier 2007 decision. In an appeal filed in 2013, a Hindu man relied on the 90-day period of limitation made available with the 2007 judgment, to argue that his challenge to a divorce decree, filed more than 30 days later, was valid. A bench of Justices Abhay Oka and A S Gadkari held that only the Family Courts Act—a consolidated law that governs divorce proceedings, including appeals—would have precedence, and appeals can be filed only within 30 days, not 90.
Since the issue is "very significant" as the appeal deadline could make or break the legality of a marriage even before the couple goes to war in a court, in 2014 the bench held that a larger bench must decide the law point.
Come April 2016, though, a Nashik woman found that her divorce order of April 2014 challenged by her former husband, had thrown into jeopardy the existence of her second marriage.
She had remarried 69 days after her divorce, which she had sought and got on grounds of cruelty and abuse. Her spouse, though, appealed in the high court after she remarried and said he was a good husband who does not want out.
Two weeks ago, the woman's counsel, Rui Rodrigues, told the high court that the appeal hearing must be stayed since a three-judge bench was yet to be appointed to give the final verdict on the legal conflict over the correct deadline. The woman had filed for divorce in 2011 after around three years of a "traumatic" marriage. Besides, the high court had granted a status quo on her second marriage after 144 days or almost five months of the divorce. Last Wednesday, when the matter came up again for hearing before a bench headed by Justice Oka, the bench deferred the hearing to June 30 and said that a full bench headed by Justice Naresh Patil has now been constituted.
Dear Sir,
The subject still before the High Courts/Supreme Court whether it is 30 days as per Family Court Act or 90 days as per Hindu Marriage Act. Earlier is the better.
Is remarriage by a Hindu between 30 and 90 days of a divorce verdict a legal marriage? This is a perplexing question which a 39-year-old Hindu woman, now in an advanced stage of pregnancy in her second marriage, faces. The case is finally likely to be decided by a full bench of theBombay high court. In September 2014, the high court had granted a status quo in the case, two months after she had remarried following her divorce granted by a family court that April.
Last week, the HC set up a full bench to decide a legal conflict on the appeal period for Hindu couples. The three-judge bench will decide whether the Family Courts Act, which provides for a 30-day deadline, or the Hindu Marriage Act, which provides for a 90-day deadline, is applicable to divorcing Hindu couples.
The significance of the limitation provided by law is that once the appeal deadline ends, the divorced couple is free to remarry without the fear of challenge to the family court decree.
The full bench was finally set up 14 months after a division bench referred the controversy to a larger bench, in a similar dichotomy that arose in an appeal. The reason was that nine years ago, in April 2007, a bench of Justices J N Patel and Amjad Sayed had held that the Hindu Marriage Act, being a special law, would override the provisions of the Family Courts Act, and aggrieved husbands or wives could file appeals against a family court judgement within three months, not 30 days. The bench said the relaxation would apply only to Hindu marriages.
In December 2014, a ruling by another bench divorced itself from the earlier 2007 decision. In an appeal filed in 2013, a Hindu man relied on the 90-day period of limitation made available with the 2007 judgment, to argue that his challenge to a divorce decree, filed more than 30 days later, was valid. A bench of Justices Abhay Oka and A S Gadkari held that only the Family Courts Act—a consolidated law that governs divorce proceedings, including appeals—would have precedence, and appeals can be filed only within 30 days, not 90.
Since the issue is "very significant" as the appeal deadline could make or break the legality of a marriage even before the couple goes to war in a court, in 2014 the bench held that a larger bench must decide the law point.
Come April 2016, though, a Nashik woman found that her divorce order of April 2014 challenged by her former husband, had thrown into jeopardy the existence of her second marriage.
She had remarried 69 days after her divorce, which she had sought and got on grounds of cruelty and abuse. Her spouse, though, appealed in the high court after she remarried and said he was a good husband who does not want out.
Two weeks ago, the woman's counsel, Rui Rodrigues, told the high court that the appeal hearing must be stayed since a three-judge bench was yet to be appointed to give the final verdict on the legal conflict over the correct deadline. The woman had filed for divorce in 2011 after around three years of a "traumatic" marriage. Besides, the high court had granted a status quo on her second marriage after 144 days or almost five months of the divorce. Last Wednesday, when the matter came up again for hearing before a bench headed by Justice Oka, the bench deferred the hearing to June 30 and said that a full bench headed by Justice Naresh Patil has now been constituted.
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Namitabh Kothari
Responded 5 years ago
A.Normally 30 days is the period but it depends on what type of case is to be filed in high court
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