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Never Give Up (Fighter)     19 November 2012

Where to file appeal for family court order

Hello Learned members,

 

Where can we file appeal for family court order (interim application) ? Can we file it in sessions court ? Case is GWA case and interim was filed for visitation of kid.

 

Please suggest.



Learning

 4 Replies

Tajobsindia (Senior Partner )     19 November 2012

1. Under S. 19 (1) FCA, 1984 the Appeal is before Hon'ble HC. Also note An appeal preferred under sub- section (1) shall be heard by a Bench consisting of two or more Judges of Hon'ble HC.
 

2. As per S. 19 (3) FCA, 1984  appeal limitation period is 30 days from the date of Judgment or Order of a Family Court.

Chetan Joshi (Advisory/Advocacy)     19 November 2012

What class of magistrate tried it?....I guess appeal goes to the district judge/ court....

 

 

As in I know every appeal against a trial court goes to high court.....But I think appeal against a Civil judge goes to the district/session court...

 

 

Update me too....

 

Regards

Tajobsindia (Senior Partner )     19 November 2012

@ Joshi

he he

What do you mean by what class of Judge tried it question you asked and deleted later? FC has either a APJ Or PJ and what does it matter who tried among these two "designations" ?

An ADJ also looks FC matters but under directions of HC and is called designation wise "Acting FC Judge" BTW when this ADJ passes Orders presiding from dais of FC it becomes more challengeable as the designation conferred is temporary i.e. "Acting". Many FC cases under ADJ as Acting Judge have gone for a toss in recent memory lane............

----------------------------

Again brother @ Joshi you are writing wrong, no magistrate presides FAMILY COURT matters which were established under FCA, 1984.

And donot delete self inked replies have courage and conviction to stand by mistakes and rectify same as it brings humbleness to your profession

Chetan Joshi (Advisory/Advocacy)     19 November 2012

@ Tajobs....Thanx for the information/clarity...


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