Difference between decree & order of divorce
Anuradha
(Querist) 15 April 2012
This query is : Resolved
I just want to know , that the date on which order is passed and the decree are of same date, both of these mention same date or their is a difference in dates in order pasesed for divorce & decree of divorce ???
Devajyoti Barman
(Expert) 15 April 2012
What is the need for this information?
If you are an advocate or law student then kindly go through the section 2(2)of cpc.
It is self explanatory.
Shonee Kapoor
(Expert) 15 April 2012
Under Order 20, Rule 6 a decree must be drawn separately after a judgment.
What many people confuse between orders and judgments and decree, I am explaining a lil bit:
S.2(2) defines decree to mean the formal expression of an adjudication which, conclusively determines the rights of the parties with regard to any of the matters in controversy presented in the suit.
“Formal expression” means the recording of the ruling of the Court on the matter presented before it; “so far as the Court expressing it” alludes to the fact that the same issue cannot be adjudicated by or before the Court again but only before a higher forum i.e. an appellate forum.
(One must understand that no matter what a particular document means, if it starts with a plaint in a suit and fulfils the requirements of a decree, it is a decree.)
Decree is the formal expression of an adjudication. Order is the formal expression of any decision which is not a decree.
Decree is appealable. Orders are not generally appealable.
Decree conclusively determines rights of parties. Order may or may not finally determine such rights.
Decree follows adjudication of plaint/written statement. Order generally originates from an application.
Decree may be either preliminary or final. Order has no such categories.
Final decree only one in a suit. Many orders in suit.
Appeal generally follows a Decre. Appeal is an exceptional right in order.
There can be more than one appeal in decree. Appeal from orders are specifically provided.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda
(Expert) 15 April 2012
I fully agree with the detailed reply of expert Mr. Shonee Kapoor.
Shonee Kapoor
(Expert) 15 April 2012
Dear Anuradha,
Academic queries are not answered on the forum. That is why Ld. Barman did not answer your query.
Don't be too harsh on him.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 15 April 2012
मैं अपने विद्जनो द्वारा की गयी अभिव्यक्ति से सहमत हूँ
Raj Kumar Makkad
(Expert) 15 April 2012
I fully do agree with the detailed reply of Shonee.
Anuradha
(Querist) 15 April 2012
mr shonee - iam not being rude but you tell me how can i dream that what is academic question etc. Iam in trouble and worried, iam tensed and asked a question and expected an explaination. I'm like a common woman (lay woman) and using my known's id to clear my doubt. Thats it.
I don't know the rules of this forum , I'm just going through tension, thats all i know. I need answers not questions sir.
Hope you will understand .
