If divorce appeal is granted then what can we do ?
Kiran
(Querist) 14 December 2018
This query is : Resolved
Hello Experts,
My husband has filed appeal into the District court.
If his appeal of divorce is allowed then ;
1) Can we file revision or any application into the District court again ?
2) Or we will have to directly go into a High Court ?
Please advice...Thank you...
Vijay Raj Mahajan
(Expert) 14 December 2018
Husband must have filled divorce petition in the District Court/Family Court for trial and any order made by District Court/Family Court can be appealed in higher court which will be High Court.
Kiran
(Querist) 14 December 2018
Thank you, Sir !!!
Can husband's second marriage become the ground for dismissal of his divorce appeal if we have provided proofs into the respective District court ?
Vijay Raj Mahajan
(Expert) 14 December 2018
No proper advice can be provided unless complete case file is gone through.
Dr J C Vashista
(Expert) 16 December 2018
1. I agree with expert advise of Mr. Vijay Raj Mahajan. Confusing and vague facts can not lead to form proper opinion and oblige.
2. District/ Family Courts have no jurisdiction to adjudicate and decide an "appeal" in a divorce case, as stated by you.
3. Please recheck the facts and revert to your counsel for proper advise since s/he is well aware about the case and proceedings. However, if you have lost faith in him/ her (your lawyer) change him/ her immediately.
