you have to file afresh case against the decision of the family court in High Court
Is it possible to appeal in hight court after the divorce decree
Hi sir/madam, I am prakash from Andhra Pradesh, my wife filed a mutual contested divorce ( I have not agreed for divorce) but my lawyer is saying she has filed mutual consent divorce on behalf of me also. However, she has filed and I got summons to attend the court but, I was not available to in my home town and my father has collected the summons and intimated me late because of that I have become exparte. My lawyer filed set aside petition and which case was dragged almost a year. I was attending to court regularly but no one called me inside to the judge. Even my lawyer did not bothered about that. My lawyer use to come out he'll give the date. All of sudden my case got speed up and judge is giving dates every week and now my set aside petition got dismissed with Out proper explanation. 1. I was not attended to the court. 2. Since my wife after one year she has filed private 498 case for that I have taken certified copies with the court. So, judge has misunderstood with dates and said in the petition that you have knowledge of taking certified copies but you are not aware of attending court. 3. When my wife is asking mutual divorce why was cruelty of wife came in the counter petition. Kindly please suggest me if judge granted divorce,how can I approach hight court for appeal. And I have 3year old kid, whom she is showing me at all. Please advise how can I file visitation rights and how to file a petition. Need you kind advice on this matter.
Asked 6 years ago in Family Law
Religion: Hindu
10 Answers
You can file an appeal against the judgment of divorce in high court.
You can file case for custody of child in that case you should file interim application of visiting rights till the final decision of case
An appeal should be filed in the high court against the family court judgement. The judgement must state why it has not considered your plea of listening to you and decide on merits.
Regards
Yes you can file revision in High court against the order of family In which court dismissed you application to set aside Ex-parte order.
File a petition for custody under Guardian And wards act for getting visitation rights of your child.
1) your wife cannot file for mutual consent divorce without your consent
2) your presence in court is necessary
3) if you have executed POA in favour of family member then you need not attend court but your virtual presence through Skype is sufficient
4) you can file appeal against divorce decree
You can appeal against the said order of family court in high court. If the said order is erroneous then it will set aside
in mutual divorce both parties consent required.
Both the parties will have to appear before the family court after the filing of the mutual divorce petition.
so better consult a local senior family lawyer in this regard.
See mutual divorce cannot be taken by her alone, you have to also remain present otherwise court shall not allow same.
So if exparte then it is a contested divorce. it cannot be mutual.
Then also you can file for the appeal to the order of court of set-aside.
Further for child custody and visitation you can prefer a petition before the family court and also can seek interim relief of visitation.
Dear,
Mutual divorce mean, both parties agreed on same matter.
If you are not agreed and not give permission, nor attend court, court will not give divorce only on the plea of your wife.
Your lawyer understand this thing, file appeal of this order, if this will happen.
From your contention it can be understood that you have been thoroughly misguided about this case.
Your petition seeking to set aside the exparte divorce decree has been dismissed by the court may be for the reason that you have not pursued it properly (your advocate) or the reasons given by you in it would not have satisfied the court, however you can file a revision petition before high court against this judgment by the trial court and get it reinstated.
This appears to be a contested exparte divorce decree and not on the grounds of mutual consent, hence if you want you can prefer an appeal also against this before high court or the district court.
As far as your child is concerned, you may file a child custody case and seek visitation rights also
