Contested divorce appeal after 120 days
1 month ago
Husband remarried after appeal period and before he gets private court notice from apeal party (ex wife). The apeal.was filed by ex-wife 120days from the initial judgement with 151CPC petition. Is the second marriage valid as the husband remarried after apeal period and before he gets the notice. What would be the view of HC on this?
A.Dear Sir,
The second marriage is valid since your wife was not diligent to file the appeal and get a stay before appeal period is over. More so, now it is settled that appeal period in family cases is only 30 days as per the following provision of law.
“THE FAMILY COURTS ACT, 1984
19. Appeal: (1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure,1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law.
(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court”.
The period of limitation for filing an appeal against an order of the family court is 30 days. However, the delay in filing such an appeal can be condoned under Section 5 of the Limitation Act based on the merit behind the delay. After getting a Divorce, the Husband or wife can appeal again within 90 days. But, if the appeal gets dismissed by the Court within 90 days only, then the other party can remarry whether the 90-day time period is over or not. When the Husband & Wife divorce in the presence of each other and neither the Husband nor wife appeals in court for 90 days, then the Husband or wife can remarry. But, when the Husband and Wife take a divorce in the presence of each other & neither the Husband nor wife appeals in court for 90 days, then the Husband or wife can remarry. If the appeal is made by any of the parties and the appeal gets accepted, then till the time the appeal procedure is over, the opposite party cannot remarry. Further, if the appeal is made by any of the parties and the appeal gets accepted, then till the time the appeal procedure is over, the opposite party cannot remarry. Reach out to an Advocate for guidance and steps.
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