Appeal against Lower Court Order?
Querist :
Anonymous
(Querist) 20 February 2010
This query is : Resolved
Sir, I got married in the year 2001 and got separated form 27/12/2003 which is six yrs and few months not seen each other face also , Recently on 07/01/2010 I filed a Divorce in the Visakhapatnam District Principal Family Court where our marriage was performed the Notices have been served and They attended the First hearing on 09/02/2010 but case was adjourned to Later Date at 08/03/2010 as the Judge was on Leave,
One week Later they(Respondent to Divorce case) Filed a Section 9 Petition on 15/02/2010 at Place nearly 38kms from Visakhapatnam at the Senior Civil Judge Court Anakapalli girls Place,
Let me Confess after Six years of Irreparable relation ship Where in had suffered both Brutal and Suttle kind of Cruelty and Humiliation i am not interested any conciliation process,
My Question is If Section9 Goes in Favor Ex-pate to the Respondent from Senior Civil Judge Court as i am not interested to contest, Can That Order be challenged at the District Principal Family Court Where my Divorce Case is Pending which was instituted 2 months Before?
Srinivas.B.S.S.T
(Expert) 20 February 2010
Sir, as per family courts Act, an appeal from the judgment of family court shall be filed before the High court only. So in your case if you want to prefer an appeal it shall be before High Court of AP situated at Hyd only.
Regards
Srnivas BSST
Querist :
Anonymous
(Querist) 20 February 2010
Mr Srinivas your answer is ambiguous which has not answered my Query , But anyhow Thank you!
Awaiting some more experts view on this from Mr.Raj, Mr.Vishal, Mr.Praveen, Mr.Ramesh, Mr.Burman, Mr.Ajitabh, Mr.Visveshwar rao,Mr.niranjan
Raj Kumar Makkad
(Expert) 20 February 2010
If you do not contest the petition filed by your wife before civil judge, definitely it shall be decided ex-parte and after passing of this decree, you shall have both options viz. get it set aside from the same court of file an appeal before the district court as required by you. I shall suggest you to come present in that petition and bring all the facts to the knowledge of trial judge including the fact that the petition under section 9 is a counter-blast to the petition under section 13 (1) (ia) filed by you. You cannot be forced to take part in the conciliation proceeding. One thin more conciliation efforts shall also be made by District Court in your petition so you cannot avoid to see each other and moreover this is not the solution of the ongoing problem. Handle the things mindfully.
Parveen Kr. Aggarwal
(Expert) 20 February 2010
Whether your spouse has stated in the Section 9 petition about the pendency of the divorce petition and whether copy of the petition for divorce has been produced on the record of that case?
Remember in case of petition under section 9 of the Hindu Marriage Act, the burden to prove reasonable cause for withdrawal from the society of the petitioner is on the respondent. You file written statement in the petition under section 9 stating all the facts and produce copy of your petition. If your petition for divorce is produced by your spouse in that petition, that would be read by the Court trying the petition in evidence and considering the facts and circumstances as well as reasonable cause on your part, the Court will hopefully not grant decree in favour of your spouse under section 9.
