Appellate powers of district court.
Adv. Deepak
(Querist) 14 January 2014
This query is : Resolved
Under Section 28 of Hindu Marriage Act, 1955, what are the appellate powers of District Court. In my case, divorce petition has been allowed by Civil Judge Senior Division, however, claim of lumpsum maintenance has been rejected. Hence, I want to prefer appeal. Can District Court amend the judgement and decree only to the extent of maintenance and reverse only those findings keeping decree of divorce as it is? What are the powers of District court under Sec.28 of Hindu Marriage Act? Please advise.
V R SHROFF
(Expert) 14 January 2014
Once you prefer appeal, the entire Orders can be modified, increase, decrease or keep as it is.
No preference to you.
You cannot say, that (a) must keep as it is and modify (b), increase it by xxx.
Any judgement or order can be modified, after listening/ arguments of both the parties.
You can's prefer appeal in part. It will be for entire judgement.
Rajendra K Goyal
(Expert) 14 January 2014
Appeal can be filed against the judgement, not for part of judgement. Court may allow or disallow any part or full after arguments.
Devajyoti Barman
(Expert) 14 January 2014
In WB the high court is the appellate court of divorce orders.
R.K Nanda
(Expert) 14 January 2014
check out from concerned district court.
Rajeev Kumar
(Expert) 14 January 2014
In Bihar appealate court is HC.
