Procedure to file an appeal for divorce with the High Court


I lost my divorce case and my husband won Restitution case both ran in same kallakurichi family court. I am no longer interested in this marriage but my husband is not agreeing for mutual divorce because he wants to remain lazy and depend on my salary for his alcoholic habits. So please guide me what to do now, shall i go for appeal in the high court or file a new divorce case again in any other family court.

Answers (3)


307 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.


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85 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.

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347 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.

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