Family Courts Act: Section 19 – Appeal

(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of Civil Procedure,1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law.

(2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties2 [or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974):

Provided that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) before the commencement of the Family Courts (Amendment) Act, 1991 (59 of 1991).]

(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court.

2 [(4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 (2 of 1974) for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding.]

3 [(5)] Except as aforesaid, no appeal or revision shall lie to any court from any judgment, order or decree of a Family Court.

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1. Subs. by Act 59 of 1991, s. 2, for “Appeals” (w.e.f 28-12-1991).

2. Ins. by s.2, ibid. (w.e.f. 28-12-1991).

3. Sub-section (4) renumbered as sub-section (5) thereof by s. 2, ibid. (w.e.f. 28-12-1991).

4. Sub-section (6) by the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide notification No. S.O. 1123(E) dated (18-3-2020) and vide Union Territory of Ladakh Reorganisation (Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020)

Simplified Explanation

Section 19 of the Family Courts Act, 1984 outlines the rules and procedures regarding appeals from the judgments or orders passed by a Family Court. The section provides a clear mechanism for challenging Family Court decisions, while also establishing certain exceptions and time limits.

Key Provisions:

1. Right to Appeal (Sub-section 1):
   • Appeal to High Court: An appeal shall lie from every judgment or order passed by a Family Court (except for interlocutory orders) to the High Court, both on facts and law.
   • This means that parties dissatisfied with a Family Court’s judgment or order (other than an interlocutory order) have the right to appeal to the High Court for a review of the decision on both legal grounds and factual matters. This ensures that there is a higher judicial review of Family Court decisions.
2. Exceptions to Appeal (Sub-section 2):
   • No Appeal in Certain Cases: No appeal can be made from a decree or order passed by the Family Court with the consent of the parties or from an order under Chapter IX of the CrPC (related to maintenance).
     • If both parties agree to a decision (with their consent), there can be no appeal.
     • Maintenance Orders under CrPC: Orders passed by a Family Court under Chapter IX of the Code of Criminal Procedure (which deals with maintenance of wives, children, and parents) are not appealable. This is a significant exception because maintenance orders are often subject to periodic review or change but are not meant to be contested in appeals once made.
   • Pending Appeals: This exception does not apply to any appeal that was already pending before a High Court or an order passed before the commencement of the Family Courts (Amendment) Act, 1991.
3. Time Limit for Filing an Appeal (Sub-section 3):
   • 30-Day Time Limit: An appeal must be filed within 30 days from the date of the judgment or order passed by the Family Court.
   • This time frame ensures that the appeal process is initiated promptly and prevents undue delay in seeking a higher court’s review.
4. High Court’s Power to Examine Family Court Orders (Sub-section 4):
   • Examination by High Court: The High Court may, on its own motion or upon request, examine the record of any proceedings where a Family Court, within its jurisdiction, has passed an order under Chapter IX of the CrPC (maintenance orders).
   • The High Court can assess the correctness, legality, and propriety of the order, as well as the regularity of the proceedings.
   • This provision allows the High Court to ensure that maintenance orders are correctly implemented and to review the proceedings to ensure that they adhere to legal standards.
5. No Appeal or Revision Except as Provided (Sub-section 5):
   • No Other Appeals: Except for the specific provisions in Section 19, no other appeal or revision shall be filed in any court from a judgment, order, or decree of a Family Court.
   • This reinforces the idea that the High Court is the only appellate forum for Family Court decisions, except for interlocutory orders and certain other specific exclusions.

Purpose and Impact:

1. Right to Challenge Family Court Decisions:
   • The provision establishes a clear right to appeal against Family Court decisions, ensuring that litigants have access to a higher judicial authority (the High Court) for the review of Family Court orders. This helps in maintaining the integrity and correctness of Family Court decisions.
2. Ensuring Fairness in Maintenance Matters:
   • The exception for consensual orders and maintenance orders under the CrPC ensures that the appeal process does not hinder the amicable settlement of disputes or delay the enforcement of maintenance provisions, which often require immediate relief.
3. Time-bound Appeal Process:
   • The 30-day period for filing appeals establishes clarity and helps in reducing delays in the judicial process. This ensures a quick review of Family Court orders, which is crucial in family-related matters, where time-sensitive decisions are often required.
4. High Court’s Role in Ensuring Proper Procedure:
   • The High Court’s power to examine Family Court orders, especially maintenance-related orders, is important for ensuring that Family Courts are acting within the bounds of the law and are following proper procedures in making decisions. This provides an additional layer of oversight.
5. Limitation on Appeals:
   • The provision limits appeals and revisions to ensure that only relevant cases are brought to the High Court, preventing unnecessary litigation. This helps in maintaining judicial efficiency by limiting the scope for further challenges except where justified by law.

Summary:

Section 19 of the Family Courts Act, 1984 provides a clear framework for the appeal process concerning Family Court decisions. It grants the right to appeal to the High Court on both factual and legal grounds, with the exception of consensual orders or orders related to maintenance under Chapter IX of the CrPC. The section establishes a 30-day time limit for filing appeals, while also allowing the High Court to examine Family Court orders to ensure their legality and propriety. This ensures that Family Court decisions are subject to appropriate judicial review while maintaining efficiency in family law proceedings.