IS THAT
Where can one file a divorce petition? Is
there an option for one of the parties to
withdraw from the petition seeking divor -
ce by mutual consent after filing it in
a court?
Section 19 of the Hindu Marriage Act,
1955, states that a divorce petition
can be filed in a district court in whose
civil jurisdiction—
the marriage was solemnised and reg-
istered, or
the respondent was staying at the time
of filing the petition, or
the parties to the marriage last
resided together.
The Section also says that in cases
where the respondent is residing in terri-
tories outside the ambit of the Act or
when he has not been heard of as being
alive for seven years or more, the placewhere the petitioner is residing at the time
of filing the petition may have jurisdiction
over the dispute.
The Section also says that if a mar-
riage has been solemnised at a place
within the municipal limits and the parties
to the marriage stay there, the family
court will have exclusive jurisdiction to
deal with the case.
As far as withdrawing a mutual con-
sent divorce petition is concerned, it can
be done by one of the partners during the
six months’ waiting period given by the
court to a couple to resolve their differ-
ences. This is done by filing an applica-
tion before the court stating that he/she
does not wish to seek a divorce. In such
a case, the court does not grant a
divorce. However, the other partner will
need to file a normal divorce petition
under Section 13 of the Hindu Marriage
Act, 1950, if he/she wants a divorce.— Compiled by India Legal teamDivorce And The Law
What is writ of quo warranto?
The meaning of the Latin term quo warran-
tois—“by what authority”. The writ of quo
warranto, a judicial order, is issued by a
court to a person holding a public office.
The writ questions his/her right to hold that
office. The concerned person needs to
convince the court that he/she is entitled to
that position as per the law. If the court is
not convinced, he/she can be ousted from
that office. The writ is useful in cases
where a public office has been usurped
illegally.
For example, if a person, aged 62, has
been appointed to a public office in which
the retirement age is 60 years, the con-
cerned High Court has the right to issue a
writ of quo warrantoagainst that person
and declare the position vacant.
However, the writ can’t be issued
against a council of ministers, chief minis-
ters or governors. It can be issued by High
Courts and the Supreme Court.A Question of
Authority?
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Contact: [email protected]10 July 22, 2019Ignorance of law is no excuse. Here are answers to frequently asked
queries regarding matters that affect us on a day to day basisWhat is the time period for filing an appeal
in the High Court or Supreme Court?
Every appeal has a limited time period dur-
ing which it must be filed. In the case of an
appeal against a lower court order in the
High Court, the time period is 90 days. For
any other court, it is 30 days from the date
of the judgment.
An appeal in the Supreme Court, in civil
and criminal matters, must be filed within
60 days from the grant of certificate by the
High Court. In other cases also, the appeal
must be filed within 60 days from the date
of the judgment or final order.For Special Leave Petitions (SLPs) in
the Supreme Court, the time period is 90
days from the date of the judgment. In
case the time period lapses, the person fil-
ing the appeal may seek an exception from
the top court by explaining the reasons for
the delay. SLPs must be filed within 60
days in case the certificate of fitness to
appeal in the Supreme Court is refused by
the High Court. The period of 60 days is
calculated from the date of the order of
refusal by the High Court. The Supreme
Court can also review its own judgment
within 30 days.File Appeals Within A Time-frame