Appeal in divorce cases
anilkumar
(Querist) 03 April 2015
This query is : Resolved
Dear Sir,
What is the proceure of filling appeal in high court against family court decision in divorce case by aggrieved party.
suppose if family court has given decision in 2 years of filling the divorce case and party has appealed in high court then is there any time limit within which it will be disposed off or will the case will run again for 2 years as per family court procedure means again full fledge trial process will be followed.does every appeal is accepted by high court or there are any parameters for acceptance of appeal.
Devajyoti Barman
(Expert) 03 April 2015
Yes, within 60 days from the date of passing judgement and decree the appeal in HC is to be preferred.
First appeal is matter of right while second appeal depends on framing of substantial question of law as provided fro u/s 100 cpc.
In your case it is first appeal.
anilkumar
(Querist) 03 April 2015
Dear Barman Sir,
What is the difference between first and second appeal
Also, I want to know if same procedure of family court proceedings is followed in high court or the case is disposed off in 2-3 hearings
Devajyoti Barman
(Expert) 03 April 2015
Who are you and how are you connected to this query?
For knowing the procedural aspect you have meet a lawyer.
We do not reply query of academic interest only.
SAINATH DEVALLA
(Expert) 03 April 2015
No answers for acadamic queries for someone to gain knowledge
anilkumar
(Querist) 03 April 2015
Dear Sir,
It's related to me.my wife has filed divorce case on me which is in concluding stage and hopefully decision will come in my favour.
Dr J C Vashista
(Expert) 04 April 2015
Despite the fact Mr. Devajyoti Barman, an expert on the subject, has advised you properly which I agree even than it a pure academic query, consult your tutor/lawyer. Wait for the decision and proceed as advised by your lawyer, no need to cross check.
Guest
(Expert) 04 April 2015
Discuss the real problem, if any you have. Otherwise, you have already been advised well.
prabhakar singh
(Expert) 04 April 2015
When so much is already told why to deny a little rest.
So with due respect to experts who denied to answer i propose to answer him as below:
1.From any final judgement and decree passed
by a trial court law provides a right to appeal before immediate higher court and such an appeal is called FIRST APPEAL(F.A.).
2.The procedure to hear F.A.s is not the same as is it before trial court.
3.By filing F.A.,the loosing party assails the findings of trial court and winning party responds the same by defending those findings,so only arguments are exchanged between parties strictly within scope of memo of appeal.
4.A SECOND APPEAL(S.A.)lies against the final judgement and decree given in a F.A.
and is not a absolute right to appeal because appeal is maintainable only when appellant is able to show that F.A. court has committed errors of law and substantial
questions of law are involved in the case.
5.So while F.A. is registered forthwith for hearing,S.A.s are registered only after a preliminary hearing and after satisfaction
that substantial question of law is involved.
In your case it would be F.A. which would be registered forth with and shall come up for hearing for final arguments after notice to opposite party called respondent
as the person who files appeal is called appellant .
Hope your quest is over.Next time do not ask these kind of questions.
anilkumar
(Querist) 04 April 2015
Thanks a lot Prabhakar Sir for answering my query and with due respect I would like to tell all other experts that since I have already faced lot of harassment in the hands of my wife and in-laws and now when finally I m expecting justice by honourable court, I only wanted to know about future course of action as lawyer had told me that if other party goes to higher court then again case will start and drag on for years with same procedure of trial court.
anilkumar
(Querist) 04 April 2015
So Sir does that means FA is in high court and SA is in supreme court
SAINATH DEVALLA
(Expert) 05 April 2015
Anil Kumar,
Despite so many opinions from the experts, Ur lawyer will have his own mode of approach in the proceedings of the case.So finally U have to rely on him to win the case.
T. Kalaiselvan, Advocate
(Expert) 08 April 2015
My opinion is to wait and watch the situation and decide about next course of action and all your such doubts will arise only when the situation warrants for one. Therefore for now, be patient, get the judgement and see the reaction of the opposite party and come with more queries then, so the replies given by experts would suffice for now.
