# I am a father of Two Boys studying Don Bosco, Alaknanda, Delhi. # My wife filed a case of Divorce and Domestic Violence in Dec. 2018. # She put an application for School Transfer Certificate in DV Court in Jan. 2019. # On 27 Mar 2019, an Order passed in her favor asking both parents to sign on the TC Form. # I didn't find it correct, so I didn't sign on the TC form. # Next day, on 28, Mar. 2019, I filed an Appeal in Session Court. In Session Court, my appeal was admitted on merit. 1. I wish to Save my family. So if TC has given then, I'll lose the opportunity of saving my family. 2. Don Bosco is an AAA+ rating Boy School in India. Most suitable for Kids. 3. The Mother was working near to the kids School. The above were the situation in Mar. 2019 but today. # In Jan. 2020, Session Court even asks me for any Relief and also ask my Wife's Counsel to submit WS. # In Mar. 2020, Covid Pandemic Lockdown happened. Now on 17 Aug. 2021 # Our matter was set on Argument. # Opposite Counsel was not there. # My Counsel explained the matter to the new Judge. Not, the entire matter but for some brief. In the absence of Opposite Counsel, on the basis of our explanation, he passed a Judgment. # He asked my Counsel: * Whether the Mother living in Gurgaon? My counsel said Yes * Is it not difficult for Kids to travel from Gurgaon to Delhi daily? My counsel said nothing # My Counsel said that we have no objection in kids are studying in Gurgaon as it is in there best interest. # He asked at least remove the father's name from Order to sign on the TC Form. # He said that getting TC without the fathers' sign is illegal. The judge said that # Don Bosco is not there in best interest as it is far from Gurgaon House. # It affects, kids physical and mental health. # Getting TC without father's sign is not illegal as the mother got no option He found my appeal as mischievous & frivolous. He mentioned in the Order along with cost Rs. 30,000/- on me by stating that i have wasted two courts' time. Judge ignore the time period of Mar. 2020 to Aug 2021 (2 two years 5months) when few proceedings happened by online during lockdown. My questions are where I am wrong: 1. Is filing appeal wrong? If I am not satisfied and found the order injustice to me. 2. Is SAVING FAMILY wrong? Because scenario of my family dispute in Mar. 2019 was resolveable but not in Aug. 2021. So, my context was related to Mar. 2019 when Saving a family was possible. So, howcome my appeal is mischievous & frivolous? 3. Howcome, today I am at fault on filing appeal but not when I filed in Mar. 2019. On Mar. 2019, my appeal was admitted on merits and now the same merits are mischievous & frivolous. 4. What is the remedy? Shall i file on High Court for next appeal or ask the same Session Court for reducing my Cost amount of Rs. 30,000? 5. Do i have any solid ground against the TC Order, a reason to file appeal in HighCourt.
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You have right to file appeal
2) it is not frivolous or mischievous
3) you can file appeal in HC against imposition of costs
4) as far as transfer orders is concerned if children are staying in Gurgaon travelling daily to delhi would be time consuming
Can I still file the next appeal in High Court after paying the Session Court imposed Cost? I have got seven days to pay the imposed cost, starting from 18th Aug. 20121. Filing appeal in HC takes time. So, I mean to say that first I pay the imposed cost of Rs. 30,000/- and then file the appeal in High Court for not being mischievous & frivolous and also asked for a refund of the imposed cost. Or So, I file an application of reducing imposed cost Rs. 30,000/- in Session Court and then file the appeal in High Court for not being mischievous & frivolous and also asked for a refund of the imposed cost. In this manner, I get sufficient to file comfortably.
You can pay the costs and file appeal against impugned order if you so desire
however please note that legal fees for filing appeal would be more than costs to be paid by you of Rs 30000
you have to challenge the order by filing a writ petition in the High Court
as costs is imposed on you, you can deposit the costs in the High Court to show your bonafides and not in the Sessions Court
if the High Court finds merit in your matter it will refund the costs so deposited and also either modify or set aside the order of the Sessions Court under challenge
You can file an application in the Sessions seeking suspension of payment of cost as you intend to file second appeal in High Court. if you request is not granted, file appeal in High Court seeking suspension of payment of cost till the disposal of appeal.
1. There is no legal infirmity in filing an appeal, it is your right to file an appeal agaisnt the aggrieved judgment passed by the trail court, hence if this judgment also grieved you, better prefer an appeal against this order before the high court and seek your relief, if recommended by your lawyer.
2. You see the above answer which answers this question too.
3. You cannot express your comments this way except that you can prefer an appeal against the grievances caused due to this judgment in appeal, because you cannot question the authority of the judge passing the judgment.
4. You can file an appeal before high court to set aside the judgments passed by both the courts below.
5. Without seeing the papers in this regard and knowing the background of the case no further opinion can be rendered.
You can prefer an appeal before high court even without paying the cost imposed by the sessions court.
You can decide about paying the cost and then filing an appeal before high court or not.
Your further question can be answered by the advocate who would be filing the appeal before high court.
1. As per your narrates , the said order of Session Court is not in the interest of justice , specially for the child who was taking education in one of the best school
- You can approach High court for challenging this order of session court
2. The first motive of law is to save a family and that is the reason there is provision of settlement in the family matters , and your said appeal before the session court was very much legal
3. You should approach the High court
4. There is much chances from the High court to waive the imposed cost of Rs.30,000/-
5. Better you file an application before the session court that you are going to approach the High court , and further pray for grant of time for paying the cost .
Dear sir,
in your case, the court is bound to pass the order in the welfare of the children. and you have a right to appeal and can file an appeal before the HC against the cost imposed upon you.
Thank you
Appeal is your right And you can very well file appeal to the appellate court to reduce the amount. You can file appeal without submitting cost amount stating that the same is under challenge before HC.
If you need any further assistance then you can approach me through kaanoon or LinkedIn.
no need to file application to reduce cost in session court.
can file application to grant time to file appeal.
You can definitely get relief from HC because cost is usually not applied in appeals.
so something happened there in court.
Kindly discuss on a physical meeting.
Your issue involves consultation either on phone or face to face
