Provision |
Limitation |
Court Fees |
Remarks |
|
| Extraordinary jurisdiction of the High Court to transfer any suit or applications | Sec.8 |
Nil |
No Court Fees payable |
. |
| Reference to the High Court by the District Court on a question of law or usage | Sec.9 |
Not applicable |
No Court Fees payable |
Suo mottu or on application of any of the parties |
Petition for dissolution of Marriage |
Sec.10 |
__Do__ |
Exempted under Sec.72 (xxvi) of the Kerala Court Fees and Suit Valuation Act. |
Parallel jurisdiction with the District Court |
Confirmation of Decree of dissolution of marriage passed by the Family Court [Numbered as Civil Miscellaneous Reference no…..of year] |
Sec.17 |
___Do___ |
No Court Fees |
No decree shall be confirmed before the expiry of not less than six months of the pronouncement of the decree. |
Petition for decree of nullity of marriage |
Sec.18 |
___Do___ |
Exempted under Sec.72 (xxvi) of the Court Fees and Suit Valuation Act. |
Parallel jurisdiction with the District Court |
Confirmation of decree of nullity of marriage |
Sec.20 |
___Do___ |
The provisions of sec.17 will apply in the matter of confirmation of decree |
|
Petition for judicial separation |
Sec.23 |
___Do___ |
Exempted under Sec.72 (xxvi) of the Kerala Court Fees and Suit Valuation Act. |
Parallel jurisdiction with the District Court. |
Appeal from the decree passed by the Family Court is numbered as Miscellaneous First Appeal no……of year |
Sec.55 [See Section 19 of the Family Courts Act] |
Thirty days from the date of judgment |
Rs.10/- Schedule II Article 3(iii)(2) (b) of the Kerala Court Fees and Suit Valuation Act. |
No appeal from the decree of a District Judge for dissolution of marriage or of nullity of marriage. No appeal from the order of High Court confirming or refusing to confirm |
*Appeal shall lie to the Division Bench under Sec.5 of the High Court Act from the judgment or order of the Single Judge in original proceedings and court fees is payable under Schedule II Article 3(2)(b) of the Court Fees and Suit Valuation Act..
** The provisions contained in Order XLI and Order XLI-A of the Code of Civil Procedure will apply to the Appeals under the Act.
Relevant provision of the Indian Divorce Act, (IV of 1869)
S.8-Extra ordinary jurisdiction of the High Court.-The High Court may , whenever it thinks fit, remove and try and determine as a court of original jurisdiction any suit or proceeding instituted under this Act in the court of District Judge within the limits of its jurisdiction under this Act.
Power to transfer suits---The High Court may also withdraw any such suit or proceeding, and transfer it for trial or disposal to the court of any other such District Judge.
Sec.9--Reference to High Court--When any question of law or usage having the force of law arises at any point in the proceedings previous to the hearing of any suit under this Act by a District Judge or at any subsequent stage of such suit , or in the execution of the decree therein or order thereon "the court" may either of its own motion or on the application of any of the parties , draw up a statement of the case and refer it, with the court's own opinion thereon , to the decision of the High Court.
If the question has arisen previous to or in the hearing , the District Court may either stay any such proceedings , or proceed in the case pending such reference and pass a decree contingent upon the opinion of the High Court upon it.
If a decree or order has been made , its execution shall be stayed until the receipt of the order of the High Court upon such reference.
Sec.10--When husband may petition for dissolution --Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof , been guilty of adultery.
When wife may petition for dissolution -- Any wife may present a petition to the District Court or to the High Court , praying that her marriage may be dissolved on the ground that since solemnization thereof , her husband has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman;
Or has been guilty of incestuous adultery,
Or of bigamy with adultery,
Or of marriage with another woman with adultery,
Or of rape, sodomy , or bestiality,
Or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et toro,
Or of adultery coupled with desertion, without the reasonable excuse for two years or upwards.
Sec.17--Confirmation of decree for dissolution by District Judge---Every decree for dissolution of marriage made by a District Judge shall be subject to confirmation by the High Court.
Case for confirmation of a decree for dissolution of marriage shall be heard (where the number of the judges of the High Court is two) by a court composed of such two judges and in case of difference opinion of the senior judge shall prevail.
The High Court , if it thinks further enquiry or or additional evidence to be necessary, may direct such enquiry to be made or such evidence to be taken.
The result of such enquiry and the additional evidence shall be certified to the High Court by the District Judge and the High Court shall thereupon make an order confirming the decree for dissolution of marriage or such other order as to the court seems fit:
Provided that no decree shall be confirmed under this section till after the expiration of such time, not less than six months from the pronouncement thereof as the High Court by general order or special order from time to time direct.
During the progress of the suit in the court of the District Judge, any person , suspecting that any of the parties to the suit are or have been acting in collusion for the purpose of obtaining a divorce, shall be at liberty , in such manner as the High Court by general or special order from time to time direct, to apply to the High Court to remove the suit under section 8 and the High Court , shall thereupon , if it thinks fit , remove such suit and try and determine the same
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