Section 39 of SMA : Section 39: Appeals From Decrees And Orders
The Special Marriage Act, 1954
Bare Act
- CHAPTER VII: JURISDICTION AND PROCEDURE
39 Appeals from decrees and orders
- All decrees made by the court in any proceeding under Chapter V or Chapter VI 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 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.
- Orders made by the court in any proceeding under this Act, under section 37 or section 38 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 the exercise of its original jurisdiction.
- There shall be no appeal under this section on the subject of costs only.
- Every appeal under this section shall be preferred within a period of ninety days from the date of the decree or order.
Simplified Act
Understanding Appeals in Special Marriages
- If a court makes a final decision (called a decree) in cases related to marriage or divorce under Chapters V and VI, you can challenge this decision in a higher court. This is similar to how you might appeal other civil court decisions. However, there are special rules you must follow, which are mentioned in sub-section (3).
- If the court issues an order (a type of decision) in a case under this law, particularly sections 37 or 38, you can appeal it unless it's a temporary order. This appeal ...
Explanation using Example
Imagine that Ravi and Priya, who got married under the Special Marriage Act, decide to divorce due to irreconcilable differences. The district court passes a decree of divorce. Ravi, unsatisfied with the court's decision, wants to challenge the decree. According to Section 39 of the Special Marriage Act, 1954, Ravi can appeal against the divorce decree to the higher court, which in this case might be the High Court. However, he must file his appeal within...