Condonation of delay
Jenish
(Querist) 05 April 2025
This query is : Resolved
How much time is needed for the revision to be filed in highcourt,after the order is given in family court
T. Kalaiselvan, Advocate
(Expert) 05 April 2025
The time limit to file a revision petition against an order passed by a Family Court in an Interlocutory Application (IA) is 30 days from the date of the order.
Under Section 19(3), an appeal against a judgment or order (excluding interlocutory orders) must be filed within 30 days from the date of the judgment or order.
Dr. J C Vashista
(Expert) 06 April 2025
The order passed by a family court can be appealed within 30 days u/s 19 (3) of the Family Courts Act, 1984 which provides:
Section 19 in The Family Courts Act, 1984
19. Appeal.-
(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law.
(2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974):
Provided that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure 1973 (2 of 1974) before the commencement of the Family Courts (Amendment) Act, 1991 (59 of 1991).
(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court.
(4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and, as to the regularity of such proceeding.
(5) Except as aforesaid, no appeal or revision shall lie to any court from any judgment, order or decree of a Family Court.
(6)
An appeal preferred under sub-section (1) shall be heard by a Bench consisting of two or more Judges.
Jenish
(Querist) 08 April 2025
It's section 24 of dv case ,from Pune district court, order was given on 29 jan ,and certified was given on 15 feb, the lawyer was given it on 5 march
Dr. J C Vashista
(Expert) 10 April 2025
@ Jenish,
Family Courts Act, 1984 and Protection of Women from Domestic Violence Act, 2005 are two different laws for different purposes wherein earlier you have mentioned qua family court and now it is DV case, be clear for understanding and responding in a proper manner before posting your query / question paper as the case may be.
I hope you are aware about the provision of Section 24 of Protection of Women from Domestic Violence Act, 2005, however, it reads as:
Section 24. Maintenance pendente lite and expenses of proceedings.
Where in any proceeding under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioners own income and the income of the respondent, it may seem to the court to be reasonable.
1[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.]
T. Kalaiselvan, Advocate
(Expert) 10 April 2025
You have posted misleading information in this forum by asking the limitation to file revision petition against the family order and now you are conveniently changing your question to DV caase, therefore apparently you are not coming out with proper details rather you are not serious about the issue or you are just posting the matters out of your own academic interest, hence whatever efforts the experts taken to give reply to your question would be sufficient and the query may closed as resolved.
Jenish
(Querist) 11 April 2025
Sorry for inconvenience happened, I don't know legal terms of this ,so my representation may seem confusing, I don't even understand how to give reply to perticular lawyer from the list , and apparently it may sound rude ,there is no option in the app to like the replies
T. Kalaiselvan, Advocate
(Expert) 12 April 2025
Whenever you want any legal opinion or suggestions to overcome the legal problems you face, first of all understand the problem and decide the relief to be sought and then post the query clearly so that you get proper reply to your question from various experts of this website.
Dr. J C Vashista
(Expert) 13 April 2025
Neither facts nor query is clear to the author, it is better to close this thread.
P. Venu
(Expert) 13 April 2025
If you do not know the legal terms, it is sufficient that you post the simple facts devoid of subjective opinions.
