Procedure to file an appeal for divorce with the High Court

288 votes

If a person is not satisfied with the order of the Family Court in a divorce case, they can file an appeal in the High Court. The procedure for filing an appeal against the order of the Family Court is as follows:

1. File an appeal: The first step is to file an appeal in the High Court within the prescribed time limit. The limitation period for filing an appeal before the High Court against the order of the Family Court in a divorce case is 90 days from the date of the order as per Section 28 of the Hindu Marriage Act, 1955.
   However, in certain circumstances, the High Court may condone the delay in filing the appeal if the appellant can provide a valid reason for the delay. The appellant needs to file an application for condonation of delay along with the appeal, and the High Court will decide whether to condone the delay or not.The appeal should be filed in the form of a written petition, along with a copy of the order of the Family Court.

2. Pay the court fee: The appellant needs to pay the prescribed court fee for filing the appeal. The court fee can vary depending on the value of the case.

3. Serve notice to the opposite party: After filing the appeal, the appellant needs to serve notice to the opposite party, informing them of the appeal and the grounds on which it has been filed.

4. Preparation of appeal memo: The appellant needs to prepare an appeal memo, which contains the grounds on which the appeal has been filed, along with the relevant facts and evidence.

5. Submission of appeal memo: The appellant needs to submit the appeal memo to the High Court, along with the necessary documents, such as the order of the Family Court, evidence, and other relevant documents.

6. Hearing of the appeal: The High Court will then hear the appeal and examine the evidence and arguments presented by both parties. The High Court may also call for additional evidence or may pass interim orders, as deemed necessary.

It is advisable to seek the guidance of a qualified lawyer who has experience in handling family law cases for a detailed response on your query.

LawRato LawRato

1000 votes

you can file an appeal before the High Court. Have you let in evidence to prove that your husband is an alcoholic and he is depending on your income in the family court. Have you got children and if so their age. you can agitate that continuing your relationship will harm the future of your children. if no issues your health and you will be affected both physically and mentally affecting your carrier and on such and on other grounds, you can file an appeal before the High Court. if all these things had been already stated in your application for divorce in the lower court and evidence let in support of your claim you have got a better case in appeal.

Advocate R.Rengaramanujam LawRato

556 votes

You can file appeal before Madras High Court. Procedure is simple. Apply and obtain certified copy of orders. Within 30 days from the date of receipt of copy of judgment Appeal has to be filed. In case of any delay, application for condonation needs to be filed along with appeal pleadings.

Advocate Santhana Lakshmi LawRato

822 votes

You can file an appeal before the high court against the order of the family court. The appeal grounds must specify the points on which the family court failed to appreciate and accordingly delivered a wrong judgment. Regarding filing of fresh petition in the family court you can't do for the same cause of action.

LawRato LawRato

423 votes

The period for appealing an order or judgment that is appealable by the Family Court (wherever it may be located) would be 30 calendar days under Section 28 of HMA.

Advocate Chikirsha Mohanty LawRato