Appeal ?
G. ARAVINTHAN
(Querist) 27 June 2010
This query is : Resolved
I know that the order passed in H.M.O.P by family Court is to be challenged by filing C.M.A before High Court.
I know that the order passed in Maintenance Case by family Court is to be challenged by filing Criminal Revision before High Court.
What is the procedure to file challenge the common order passed in divorce application and maintenance case, which was tried together?
Guest
(Expert) 27 June 2010
Every order passed by the Family court is appealable before the divisin bench of the High Court under C.M.A. under the very Provision of the Family courts Act.
G. ARAVINTHAN
(Querist) 27 June 2010
Sir in Madras High Court, even against order of maintenance cases by Family Court, criminal revision is the only remedy. Now answer my query?
Guest
(Expert) 27 June 2010
I am quoting Section 19 of the Family Courts Act, 1984, which is self explanatory. Why Madras High Court is deviting (it should not deviate), the answer may lie in Madras High Court Rules. Kindly refer them once, before invoking the folloiwng Section.
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.
(2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties 2[or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) :
PROVIDED that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) before the commencement of the Family Courts (Amendment) Act, 1991.
(3) Every appeal under this section shall be preferred within a period of thirty days from the date of judgement or order of a Family Court.
(4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate with in its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and, as to the regularity of such proceeding.
(5) Except as aforesaid, no appeal or revision shall lie to any court from any judgement, order or decree of a Family Court.
(6) An appeal preferred under sub-section (1) shall be heard by a Bench consisting of two or more Judges.
