Appeals from decrees and orders
AI Assist
Summary
Decrees under this Act can be appealed like decrees from a court exercising original civil jurisdiction, and such appeals go to the appellate court that ordinarily hears those civil appeals. Orders under sections 25 or 26 are appealable only if they are final (not interim). No appeal lies solely on costs. Any appeal must be filed within 90 days, subject to sub‑section (3).
Example
Priya loses a divorce decree in the family court. She can appeal the decree to the court that normally hears appeals from original civil jurisdiction, but must file the appeal within 90 days. If her only grievance is the costs awarded, she cannot appeal on costs alone. An interim order under section 25 would not be appealable.
Bare Act
Enacted text(1) All decrees made by the court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil 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 section 25 or section 26 shall, subject to the 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 ninety days from the date of the decree or order.
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