Legal Question in Family Law in India
Hello,
I have a query please. The family court has issued a divorce to my friend and the judgement states that the other party could appeal to High Court within a period of 30 days from the date of Judgement/Order.The judgement was released on April 15th,2011in the court.
Several lawyers have stated in the internet that the waiting period before a re-marriage for such cases is 90 days from the date of judgement. A further enquiry with some lawyers reveal that the time of 30 days is from the date the certified copy of the judgement was received by the party that wants to appeal considering that there was no considerable delay in applying to the court for a certified copy of the judgement.
So in summary we have several lawyers and articles in the internet giving different answers for the same concern. Can anyone please let us know what is the actual timeline that my friend needs to wait before he could have remarried?Does he need to wait 90 days or 30 days and most importantly,is the time period calculated from the date the judgement was declared in court or from the date the certified copy was issued by court to the requestor?
Thanks a lot.
1 Answer from Attorneys
Section 28 of HM Act has defined the period of limitation to file an appeal which is 90 days .Please check section 15 and 28 to understand the period of filing of an appeal and the prospective 2nd marriage.