Wife filed for appeal in high court against divorce decree. Advice.

344 votes

If your wife has prefered an appeal against the decree of divorce in the High Court, it is important that you know that at the very outset determining the outcome of an appeal can be challenging, as it depends on various factors such as the specific facts of the case, the evidence presented, and the interpretation of the law by the court. The chances of winning the appeal and having it dismissed will depend on the strength of your case and the arguments presented before the High Court.�

You must bear in mind the following considerations:

1. Grounds of Appeal: The High Court will review the grounds of appeal raised by your wife and examine whether they have merit. The appellate court generally focuses on errors of law, procedural irregularities, or substantial miscarriages of justice that may have occurred during the previous trial.

2. Appellate Court's Discretion: The High Court has the discretion to evaluate the evidence, assess the lower court's decision, and determine whether it was made correctly and in accordance with the law. The court may re-evaluate the facts of the case and consider any additional evidence or arguments presented during the appeal.

3. Legal Arguments: The success of your case will depend on the strength of your legal arguments and the evidence presented to support your position. Your lawyer will need to present a compelling case and effectively address the grounds of appeal raised by your wife.

4. Previous Judgment: The High Court will review the judgment of the family court and consider whether it was based on sound legal reasoning and factual findings. If the family court's decision is found to be well-founded and in accordance with the law, the chances of your appeal being dismissed may increase.

It is essential to consult with an experienced family lawyer who is familiar with the specifics of your case and can provide you with tailored advice. They will be able to evaluate the strengths and weaknesses of your case and guide you through the appellate process, increasing your chances of a favourable outcome.

LawRato LawRato

528 votes

Hi.
In general high court will not interfere with orders of trial court (family court) unless and until the order of trial court has been obtained fraudulently. High court may review the alimony amount, awarded by the trial court only if the alimony awarded is beyond any rationale or reasoning. But 99 out of 100 times appeal in high court will fail if it is made as a matter of routine. but adequate care should be taken to defend the respondent in an appeal.

Advocate Rajagopalan LawRato

624 votes

Always when you win, if you have any apprehension that other party will appeal the matter, you have to file a caveat by approaching the Appellate Court Advocate. As of now since Your wife filed an appeal, hope you have received notices from the court. See that the court may not suspend the judgment. Engage an Advocate and contest the case on merits.

Advocate Solomon Raju LawRato

323 votes

The high court can review alimony amounts awarded by trial courts only if they are arbitrary or unreasonable. If it's a routine appeal, the high court will reject it 99 times out of 100.

Advocate Chikirsha Mohanty LawRato