divorce

m.manikantarao (Querist) 01 September 2015 This query is : Resolved
Petitioner husband granted divorce by family court considering exparte decree against wife. Whether the wife has right to file appeal in high court without filing set-aside petition in family court.

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SAINATH DEVALLA (Expert) 01 September 2015
Yes she can do so.

An appeal is a process by which a judgment/order of a subordinate Court is challenged before its superior court.

As per family courts Act, an appeal from the judgment of family court shall be filed before the High court only. So in your case if you want to prefer an appeal it shall be before High Court only.

Anupam Lahiri (Expert) 01 September 2015
Dear Manikanta Rao,
There are two possibilities. She can either move the Family Court to set aside the ex-parte decree, or she can file appeal before the High Court.

Rajendra K Goyal (Expert) 01 September 2015
Yes she can file.

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