HINDU MARRIAGE ACT, 1955

 

  Provision Limitation Court fees Remarks
Appeal from Decree and Order numbered as Miscellaneous First Appeal no…….of year  Sec.28

See Section 19 of the Family Courts Act, 1984.

 Thirty Days from the date of order Rs.10/- Schedule II Article 3 (iii) (2)(b) of the Kerala Court Fees and Suit Valuation Act. No appeal against interim orders

 

  • Sec.19--Appeal-- (1) Save as provided in sub section (2) and not withstanding any thing contained in the Code of Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law.

    (2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974):

    Provided that nothing in this sub section shall apply to any appeal pending before the High Court or any order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) before the commencement of the Family Courts (Amendment ) Act, 1991.

    (3) Every appeal under this section shall be preferred within a period of thirty days from the date of judgment or order of a Family Court.

    (4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure 1973, (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, as to the regularity of such proceeding.

    (5) Except as aforesaid , no appeal or revision shall lie to any court from any judgment order or decree of a Family Court.

    (6) An appeal preferred under sub section (1) shall be heard by a bench consisting of two or more Judges.

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  • Sec.28- Appeal from decrees and orders----(1) All decrees made by the court in any proceeding under this Act , shall subject to the provisions of subsection (3) be appealable as decrees of the court made in the exercise of its original jurisdiction and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.

    (2) Orders made by the court in any proceeding under this Act under sec.25 or secc.26 shall subject to provisions of sub section ( 3) , be appealable if they are not interim orders , and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction.

    (3) There shall be no appeal under this section on the subject of costs only.

    (4) Every appeal under this section shall be preferred within a period of thirty days from the date of the decree or order.

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