Divorce

SUBHAM AGARWAL (Querist) 31 December 2011 This query is : Resolved
Can high court dismiss divorce decree granted by family court when women has filed more than 10 court cases including 498a, dowry and 406 and when divorce has been granted on basis of desertion of 6 years and cruelty by wife and hence the marrige has broken down irretrievably.The marriage was solemnised 15 years before and there is a daughter living with her.Maintenance is paid regularly each month as decided in dv act case

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Nadeem Qureshi (Expert) 31 December 2011
Dear subham
high court have power. the high court may pass an order to dismiss the divorce decree passed by family court.
fell free to call

Devajyoti Barman (Expert) 31 December 2011
The success or failure of appeal depends upon the merit of the case.
If the trial court has wrongly passed the judgement then the appellate can set it aside.
If it has rightly passed such judgement then it is ok.
So without knowing the case we can not make any comment.

Deepak Nair (Expert) 31 December 2011
Yes. High court have the power to over ride the judgment/decree given by the lower courts.
Bu it depends lot on the merit of the case.

prabhakar singh (Expert) 01 January 2012
Powers can not be denied but judgments are reversed only when there is some wrong found and not unnecessarily.

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