LawRato

Can i challenge an order given by HC


03-Apr-2023 (In Divorce Law)
My husband is an NRI filed for divorce in district Court, case running since one year. He bought an order from High court to finish off the o.p case in 3 months as he could not travel from other country for every session. 1) How to challenge this High court order? 2) if case is closed in district Court in less than how many days I should file case in High court?
Answers (4)

Answer #1
534 votes
First of all an opportunity has to be given to the other party while passing orders. It is not clear in your query whether the high court is passed in your absence or on your appearance. If it is in your absence, it can be challenged in the same court by filling your counter, documents, submissions. If it is after your appearance, you have to file a revision/appeal before division/full bench of the same high court. For your second query there is a time limit of 90 days for filing of First appeal before the High court on the district court order. Is it sufficeint. Any thing else any further query.
Answer #2
948 votes
Madam,,
It is always better to dispose off the case as early as possible, you need not challenge the same. Try to finish off the case by cooperating to the court in proceed with the trial of the case by duly giving respect to the order of the High Court. There is no time limit for completion of the case. It depends upon circumstances of the each case like contesting capacity of the opposite party, facts of the each case, advocate`s attitude, judge`s attitude etc.,
Answer #3
682 votes
Here when your husband has filed a petition before high court for speedy disposal of the case then you should have received notices from High court and an opportunity will be given to your for filing your objections. It seems that you did not take objections. If the case is closed in district court then within 90 days from the date of order you have to approach the high court for appeal.
Answer #4
742 votes
Hello,

The High Court gave the direction to the Family Court to dispose the case expeditiously. Now you cannot argue in the High Court saying that you don't want the case to be finished off and you want the case to run for years. However, if the Family Court closes the case without giving you an opportunity to defend and contest the case and if you feel like you have a strong case on hand, you can file a petition to set aside the Family Court decree in the same Family Court or you can prefer an appeal in the High Court against the decree. Feel free to contact me if you need any help.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."