Section 39 of SMA : Section 39: Appeals From Decrees And Orders

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 90 days from the date the original decree was passed by the district court. It's important to note that if the district court had only passed an order related to the payment of legal costs, Ravi could not appeal that decision, as appeals on the subject of costs alone are not permitted under this section.