Appealing lower courts decision in domestic violence

Dear Quirest,

The procedure for appealing against lower courts decision in domestic violence are as follows:

1. File the appeal under section 29 of D.V Act before session courts.

2. After filing the appeal, the court issues summons to the respondent/s.

3. After receiving summons the respondent/s may file their objection/reply.

4. After that the court may be fix the matter for final arguments and after argument the matter will be fixed for judgement/order.

court will not give anything more as it was already decided on the basis of merits.

Law are favoring to women but justice is done on merits.

If u request your husband and accept your mistakes he can give you mount everest but if you manipulate the law then you will get small stones only.

Originally posted by : justice218
	I recently got my orders from the lower court concerning the domestic violence case that i have filed against my husband. However though some parts of the order are in my favour, some key aspects are not and believe that the order has been "managed by the other side". So I am going to appeal the decision of the lower court. I would like to know what the exact procedure is when one goes to appeal the lower courts decision in andhra pradesh. My lawyer has already attended one date, but no argument has taken place. The next date is in 2 weeks.  Some one Please Explain.  Thank you

Going for appeal is not a big deal.

But if there are no merits in your case, even sessions court will dismiss you appeal.  Same holds good for High Court also.

Means to say, if you have filed a domestic violence case against your husband.  Domestic violence should be proved, only then relief will be granted.  If not domestic violence has taken place, then no relief, on the contrary, you may have to serve time in prison for lying under oath and filing false affidavit.  Discuss the same with your advocate.

In the appeal, notice will be sent to the opposite party and after its appearance, it may seek time to file reply to appeal or say that it will rely on trial court record.  once that formality is completed, arguments will be heard and appeal will be decided.

you have not mentioned in which court the appeal is filed 
1. sessions court means the above said procedure will be followed but

2. in High court means in admission stage it self the judge will ask why appeal does any merits in the case you lawyer has to argue eligently about the merits and then the court will issue notice to respondents and the procedure follows 

Thanks for the replies. 

The appeal is filed in sessions court. 

I would like to also know, how long it would take for the a judgement to come from the sessions court. 

My case has many merits, and domestic violence has been somewhat proved and is in my favour. however, the lower court judge does not seem to think this is the case. as mentioned he and his decision has been "managed". hence the questions. 

2-3 months.

I give you a very important advice.  In the appeal, at the time of argument never say that the impugned judgment is "managed", "procured" "obtained" etc.  These are the words which would irk the appellate court and imply that the trial court judge is a corrupt one.  So, be cautious.