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NeedHelp (I)     21 July 2017

Chances that high court overrules family court judgements

Hi ALL,

I have won case against my wife who has cheated me. It was contest case. She is now applying in high court.

What are chances that High court overrules family court Judgements ? Which things high court takes into consideration



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 3 Replies

Raveena Kataria (Advocate )     21 July 2017

In my opinion, if the decree for divorce awarded by the family court was based on well-established evidence that your wife cheated, the HC can't do much. It's strictly as per legal provisions. (In my knowledge, questions of fact cannot be challenged before the High Court.) However, if the grounds were cruelty, for instance, the question/point of law could be challenged as to what would constitute cruelty (upon which the takes of learned judges would vary.) Thus, in latter sort of cases, the chances of the HC overruling the family court's judgements are higher.

Siddharth Srivastava (Advocate)     21 July 2017

It depends upon merit of the case and also presentation of the case. No body can predict the order. Consult a lawyer with details.

Ms. Usha Hegde (CEO)     22 July 2017

Check here.

https://www.lawyersclubindia.com/forum/highcourt-overrules family court-display.asp?cat_id=8


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