• Divorce and custody

There has been a family dispute for which the order(divorce and custody) has been issued on 30-Aug-2018 by family court. Both divorce and custody application are applied by my husband 4 years before

I have few questions with respect to that
1) How much time i have to appeal it with high court? 
2) Usually how much time it takes to the case numbered in High court once applied?
3) The permanent custody order declares my husband(or ex dunno) as legal and natural guardian and i holding the custody. What the means? I don't have any decision making authority on my son's education and studies?
4) The judge has disposed the permanent custody by giving the interim custody to me for 6 months and allowing my husband to apply for new interim application in the main OP of permanent custody . Is it legal? How can the inerim application allowed when the main case itself disposed? There is already an high court direction on this matter to family court to dispose the main OP and i am having exclusive custody of my son for 1.5 years and i have produces enough education records. According to me the main OP is not disposed. 
5) If i appeal this to high court, does the lower court order automatically stayed or should i need s separate stay order?
6)Can i apply for permanent custody in the high court?
7) If i have to change my lawyer what are the things i need from my previous lawyer?
Asked 4 years ago in Family Law
Religion: Hindu

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29 Answers

1) you have 90 days

2) it come within a week if there are no office objections.

3) The husband has the authority to take decision as legal guardian.

4) The main petition is not disposed if you are being given on 6 months custody, the court has passed the interim orders only.

5) Interim relief has to be prayed along the appeal. a separate civil application along appeal has to be filed for stay.

6) No, the jurisdiction is with the family court.

7. NOC on a Vakalat Nama and case documents,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

hello

the appeal has to be filed within 30 days.

I do not know about Madras HC but in 2 3 HC of which I know, the case comes after 3-4 days.

you have the custodial right, the child will remain in your custody. you both must have applied for custody. the child must be small. therefore the court gave you the child but the decision has to be taken by both of you.

the lower court order does not get stayed automatically. you have to pray for it in the application.

yes, you can challenge in the appeal everything that is against you in the HC.

if you want to change your lawyer then take all the files from him including the orders.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

File appeal within 90 days to HC

2) appeal numbering woukd take around a week

3) you can take decisions on your child education and studies in consultation with your husband

4) you need to seek stay of trial court order

5) you can seek permanent custody of child in HC

6) seek NOC from your lawyer to appoint another lawyer

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

They can be annexed with the high court appeal, the certified copies of same can be taken from the lower court and then attach those copies evidencing that all the record was produced before the Lower court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have to enclose all documents filed by you in lower court in your appeal

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

all the facts which have been agitated and argued can and should be argued before the HC. all these things should be attached with the appeal.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

File an appeal before the High Court.

Limittauion to file the above appeal is 90 Days.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

no, the appeal has to be filed for that, the lawyer will have to study the order and then he will state the grounds for appealing before the HC.

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

Certified copy of the order is required to file an appeal you can get certified copy of order on urgeny within a day from the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1)For every appeal, there is a limited period, within which appeal should be filed. Such a limitation is provided under the Limitation Act, 1963. For appeal, in case of a decree passed by lower court in civil suit, the limitation is : Appeal to High Court - 90 days from the date of decree Or order.

2) depends on your counsel, generally 2 to 5 days.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear client

90 days.

For admission it will list in a weak than after acc. To registry rules.

Both have equal right to decide but being gaurdin his decision will prevail.

Order not justified, he can only file appeal. At family court matter disposed and res judicata.

Stay will grant by court not automatic.

Settle his Bill and for filling appeal, nothing y u need. Can appoint other advocate . No noc required.

Record of lower court will call and will examine by HC on your appeal.

Till certify not availed how can even husband take custody . Get the certify and file appeal.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

You need certified copy of order for filing appeal in HC

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. You should appeal before the High Court immediately not later than 90 days.

2. It depends on how persuasive your Advocate is. It might be listed for hearing with in 15 days.

3. When your husband has been declared as the Natural Guardian of your son (it is very strange), he is expected to call the shots and decide about the vital matters of your son's life including education.

4. The said custody direction is strange. When permanent custody has already been decided by the Court the concerned case will be treated as disposed of. Challenge the said order before the High court.

5. No order is automatically stayed on being challenged. You shall have to obtain stay order by filing an application to that effect.

6. You can challenge the order passed by the lower court in connection with the permanent custody of your son and if you can convince the High Court, it will end the matter back to the Court lower directing it to rehear the matter.

7. You shall have to a note on your Vakalatnama issued in favour of the new Advocate, by your earlier Advocate metioning 'No-Objection' thereupon.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. The High Court will decide whether te order passed by the lower Court is justified or not based on the evidence already filed by you before the lower Court.

2. No fresh evidence can be adduced before the High court while challenging the order passed by the lower court

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. While challenging the order passed by the lower Court before the High Court, you shall have to file the application annexing the original certified copy of the said order.

2. Unless you can show extreme urgency for hearing the matter based on the original application for obtaining the certified copy of the order passed by the lower Court, high Court might refuse to entertain your application without annexing the certified copy of the said order in question.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Appeal has to be filed within 90 days of the pronouncement of judgement.

Matters can be listed after two three days in high court.

It means that your husband would have rights in matters where important decisions pertaining to the Welfare of the child are to be taken.

It pertains to interim orders only which is disposed off. The main matter is not disposed off as yet.

You have to file a separate application seeking stay on the family courts order.

You can apply for permanent custody in High Court.

You just need NOC from your previous lawyer in order to engage another lawyer.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You can only file the copies of the documents which you have filed along with an exemption application mentioning that the originals have been submitted in lower courts.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

1. You can prefer an appeal within 90 days before high court.

2. If everything is proper then it may be numbered within a week.

3. The custody of the child is given to you. Whether the court passes an order or not he is the legal and natural guardian of the child by law.

You can decide your son's all other matters, there is no hindrance to that.

4. The judgment copy is to be seen to render proper opinion on this point.

5. You need to obtain stay by filing an additional application in the appeal petition.

6. If you have applied for permanent custody in the trial court then you can mention that in the appeal also.

7. You can take back the case bundle from him besides NOC.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

I feel there is an injustice and i submitted my sons education records, fees , reports and certificates and medical receipts. Will copy of these sent along with the appeal or these documents are only for lower court's review?

If you have not produced the documents before the trial court then you may not be permitted to file the additional documents before the appellate court.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

Please clarify

I have applied for the order and decreetal order. Can i get a stay on the custody order before even i get the certified copy of the order from lower court?

No, you have to first file the memorandum of appeal along with the certified copy of the judgment of the lower/trial court.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

You have to make application fir certified copy of order

2) time limit fir filing appeal would be from date of receipt of certified copy of order

3) it may take a month for obtaining certified copy of order

5) itvwoukd mention date of order and date when certified copy was ready and handed to you

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

maximum in 2 weeks orders will be released.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Depends on court occupancy, usually judgement delivers in max. 10 days. Check case status in court website.

Limitations starts from date of copy received. Judgement delivered than apply for certify within 2 days.

Date will be - Judge delivers order and sign.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. It will take20 days to one month to get the copies.

2. Your time will compute excluding the time taken for getting the copies.

3. You are right.

4. It will be mentioned in the copies itself.

5. Date of pronouncement of judgement.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. Ordinarily order is signed within 7 days though it depends on the load on the Court.

2. Your days for limitation will start from the date of your receiving the certified copy of the order. Hope you have already formally applied for it (this part is very important for you to prove that you had already applied for the certified copy of the order which was given to you late).

3. High Court will not admit any appeal with free copy. You can also appeal with the application for receiving certified copy citing urgency and stating that the certified copy has not yet been provided by the lower court though applied for.

4. & 5. The date of signing the order will be mentioned in the Order sheet. The date of hearing the case also will be mentioned therein.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. Sir if the order is pronounced meaning thereby the order is complete and judge has signed same your lawyer can apply for certified copies of the same,

2. there is 90 days period of appeal if the order is pronounced one month back it is ready apply for the certified copies.

3. Yes you have to take certified copies from the court registry,

4. Sir there is no such delay if pronounced then the status of the order is complete.

5. Date of pronouncement of the order,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You have received certified copy of order on 4 th October . Limitation period would start from date of receipt of certified copy of order

2)you have to with appeal submit all documents filed before family court

3) you don’t need certified copy of petition

4) your lawyer will draft petition

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. You have applied for the certified copy immediately after the order dated 30.8.2018 was pronounced being ion 31.08.2018 which was made readyv on 4.10.2018. Your days for filing the appeal will start from 4.10.2018.

2. While filing the appeal, you shall have to enclose the application and all other papers fioled before the oower court as annexure but cxan bot adduce any fresh evidence.

3. You won't have to annex the certyifeid copy of all otehr documents while filing the appeal execpting the certyified copy of the final order passed by the lower court which is under challenge.

4. The aoppeal will have prayer for setting aside the order passed by the lower court and there will be another application praying for an order staying the enforcement of the order passed by the lower court.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1. The period taken for obtaining certified copy will be removed from the limitation period that is allowed for preferring appeal.

2. The 30 days will be computed from 5/10/2018 onward.

3. You can attach only the judgment copy, the documentary evidences submitted in the trial court will be sought for by the appellate court through its own sources.

4. Not necessary. (However for the purpose of reference, you may attach the certified copies of the petition, documents you have submitted before trial court which have been marked as exhibits, her reply, written statement and all other materials that you may rely upon in your appeal)

5. You are right.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

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