In short. If a Delhi family court has granted or refused a divorce, decided custody of your child, or fixed alimony you cannot live with, the next step is an appeal to the Delhi High Court under Section 19 of the Family Courts Act. The appeal goes to a Division Bench of two judges and must be filed within 30 days of the judgment. Most appeals take one to three years to be decided, with interim orders possible much sooner. This week, apply for the certified copy and count your 30 days.
Is this your situation?
- A Delhi family court granted divorce to your spouse and you believe the evidence was misread.
- Your divorce petition was dismissed after years of trial.
- The family court gave custody of your child to the other parent, or cut down your visitation.
- Permanent alimony or child maintenance was fixed far above, or far below, what the real income supports.
- A decree was passed ex parte while you were abroad or never properly served.
- Your spouse has filed an appeal against a decree in your favour and you have received a High Court notice.
- You are about to remarry and are not sure whether the other side can still appeal.
What a family court appeal is, and what it is not
A family court appeal is a full rehearing of the case on facts and law by the Delhi High Court. The High Court reads the whole trial record, including the depositions, cross-examination and documents, and can reverse a finding of cruelty, desertion or unfitness as a parent if the family court got it wrong. It is not a fresh trial: you cannot normally add new witnesses or new allegations at this stage.
The appeal is filed under Section 19 of the Family Courts Act 1984. That section overrides the ordinary appeal provisions of the Code of Civil Procedure and the Hindu Marriage Act for cases decided by a family court. Since every matrimonial and custody case in Delhi is now heard by a family court, Section 19 is the route for almost every divorce, judicial separation, nullity, custody, guardianship and alimony judgment passed in the city.
Two things fall outside it. Maintenance orders under Section 144 of the Bharatiya Nagarik Suraksha Sanhita 2023 (old Section 125 CrPC) are challenged by revision, which has its own page on maintenance revision in the Delhi High Court. Orders of a magistrate under the Protection of Women from Domestic Violence Act 2005 go in appeal to the Sessions Court under Section 29 of that Act, explained on our page on Domestic Violence Act appeals and revisions.
The law that governs a family court appeal
Section 19(1), Family Courts Act 1984
An appeal lies from every judgment or order of a family court that is not an interlocutory order, to the High Court, on facts as well as law. Final decrees of divorce, orders on custody and guardianship, and orders deciding permanent alimony all qualify.
Section 19(2)
No appeal lies from a decree or order passed with the consent of the parties, such as a mutual consent divorce under Section 13B of the Hindu Marriage Act 1955, or from a maintenance order under the criminal procedure code chapter now found in Section 144 BNSS. A party unhappy with a consent decree has to show fraud or lack of real consent through other remedies.
Section 19(3) and 19(6)
The appeal must be filed within 30 days from the date of the judgment or order. It is heard by a bench of two or more judges, which in Delhi means a Division Bench. The case is registered as a MAT.APP.(F.C.) matter.
Section 19(4)
The High Court may examine the record of a maintenance order passed under the criminal procedure chapter and correct it in revision. This is why Section 144 BNSS orders take the revision route and not the appeal route.
Section 15 and Section 28, Hindu Marriage Act 1955
Section 28 provides an appeal from decrees under that Act and allows 90 days, but for family court decrees the Delhi High Court has held that the 30-day period under Section 19 applies, with delay condonable on sufficient cause. Section 15 says a divorced person may lawfully remarry only when there is no right of appeal, the appeal time has run out without an appeal, or the appeal has been dismissed.
Which family court orders can be appealed and which cannot
- Divorce, judicial separation and nullity decrees. Both a decree granting divorce and an order dismissing a divorce petition are appealable. So is a decree of restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
- Custody, guardianship and visitation. Final orders under the Guardians and Wards Act 1890 and custody orders under Section 26 of the Hindu Marriage Act can be appealed. Interim visitation arrangements are usually treated as interlocutory, though an order that effectively decides custody for a long period may be examined by the High Court.
- Permanent alimony and maintenance under civil statutes. Orders under Section 25 of the Hindu Marriage Act and Sections 18 and 20 of the Hindu Adoptions and Maintenance Act 1956 go by appeal. In Delhi, orders on interim maintenance under Section 24 of the Hindu Marriage Act are also commonly brought in appeal, because the High Court treats them as orders that decide a right.
- Return of streedhan and property between spouses. A family court order under Section 27 of the Hindu Marriage Act, or in a suit about property of the parties, is appealable like any other judgment.
- Not appealable: consent decrees. A mutual consent divorce, or a custody arrangement recorded on consent, cannot be appealed. If consent was obtained by fraud or pressure, the remedy is narrower and fact heavy.
- Not appealable: purely procedural orders. Orders allowing an amendment, refusing an adjournment or framing issues are interlocutory. A petition under Article 227 of the Constitution is sometimes possible against such orders, but only for a clear error of jurisdiction.
The 30-day limit: how to count it, and what happens if you miss it
Count 30 days from the date the judgment was pronounced, not the date you learnt of it. The time spent obtaining the certified copy is excluded under Section 12 of the Limitation Act 1963, provided you applied for the copy promptly. If you apply for the copy on day 25, only those 25 days have run when the copy is ready, and you get the balance five days after that. People who wait three weeks before applying for the copy are left with very little time.
If the 30 days have passed, the appeal can still be filed with an application for condonation of delay under Section 5 of the Limitation Act. The Division Bench will want a day-by-day explanation backed by documents: hospital records, proof of travel, the date the certified copy was delivered, or proof that the decree was ex parte and you came to know later. A vague explanation such as 'the appellant was mentally disturbed' is usually not enough. The longer the delay, and the more the other side has acted on the decree, the harder it gets.
Remarriage changes the picture. If the spouse who obtained the divorce remarries after the appeal period is over and no appeal was filed, courts are slow to undo the divorce. A party who wants to challenge a divorce decree should therefore file on time and, where there is a real risk of remarriage, ask the High Court for an interim order early.
Which bench hears it and why: jurisdiction of the Delhi High Court
The Delhi High Court hears appeals from the family courts located in Delhi. These sit in the district court complexes, including Tis Hazari, Saket, Karkardooma, Rohini, Dwarka and Patiala House; our page on Delhi's family courts explains which court covers which area. Under Section 19(6) the appeal is heard by a Division Bench, usually a bench assigned to matrimonial appeals by the Chief Justice's roster.
The appeal follows the family court, not the address of the parties. A family court in Gurugram or Faridabad sends its appeals to the Punjab and Haryana High Court at Chandigarh. A family court in Noida, Greater Noida or Ghaziabad sends them to the Allahabad High Court. So a couple living in Indirapuram whose divorce was decided in Ghaziabad cannot appeal in Delhi, even if the husband works in Connaught Place. The Delhi High Court's power over a case pending in a Haryana or UP family court is limited; moving a case between States is done through a transfer petition in the Supreme Court.
Within Delhi, if you want a pending matrimonial case moved from one family court to another, that is a transfer application, not an appeal. It is covered on our page on transferring a matrimonial or criminal case.
Step by step: filing a family court appeal in the Delhi High Court
The sequence below is how a MAT.APP.(F.C.) normally moves. Timelines vary with the roster and the volume of cases.
Apply for the certified copy at once
Apply to the family court's copying agency for a certified copy of the judgment and decree on the day of pronouncement or the next working day. Keep the receipt; it proves when you applied. Download the uploaded judgment as well, but file the appeal with the certified copy or with an application seeking exemption from filing it.
Get the trial record into your hands
Collect copies of the petition, written statement, replication, issues, evidence affidavits, cross-examination, exhibited documents and the order sheets. Missing depositions are the most common reason for a weak appeal, because the High Court decides on what witnesses actually said. Inspection of the family court file can be sought if your earlier counsel kept incomplete papers.
Identify the real errors
Read the judgment against the evidence and list each finding that is not supported by the record, or ignores a document, or applies the wrong legal test. Grounds should be specific: 'the finding of cruelty rests only on the wife's affidavit and ignores her own admission in cross-examination at page 14' is a ground; 'the judgment is against law and facts' is not.
Draft and file the appeal
The memorandum of appeal sets out the facts, the impugned order, the grounds and the relief. It is filed with the certified copy, the trial record, applications for stay or interim relief, a condonation application if late, the vakalatnama and the court fee. Filing is done through the Delhi High Court's e-filing portal, and the registry may raise objections that must be cured within the time allowed.
First hearing before the Division Bench
At the first hearing the bench decides whether to issue notice to the other side, summon the trial court record and grant any interim relief. Many appeals are also sent to the Delhi High Court Mediation and Conciliation Centre at this stage. An urgent custody or remarriage issue can be mentioned for an early listing.
Reply, cross objections and completion of record
The respondent files a reply, and may file cross objections under Order 41 Rule 22 CPC against parts of the decree that went against them. The registry prepares paper books from the trial record. If a party wants to bring additional evidence, an application under Order 41 Rule 27 CPC is filed and decided, often with the main appeal.
Final hearing and judgment
Once the record is complete the appeal is listed for final arguments. The bench can confirm, reverse or modify the decree, or send the case back to the family court on a specific point. Judgment may be pronounced on the same day or reserved.
Throughout, keep complying with the family court's orders unless the High Court stays them. Unpaid maintenance or denied visitation while an appeal is pending tends to count heavily against the defaulting party.
Time and cost at each stage
| Stage | Typical time | Court fee and costs (general) |
|---|---|---|
| Certified copy of judgment and decree | A few days to three weeks | Copying charges at the family court, per page |
| Drafting and filing the appeal | One to three weeks, within the 30-day limit | A modest fixed court fee on the memorandum and applications; check the current Delhi High Court schedule |
| Registry scrutiny and first listing | One to four weeks after filing | Small fees for process and paper books |
| Interim stay or custody arrangement | First or second hearing, if urgency is shown | No separate court fee beyond the application |
| Mediation at the High Court centre | One to four months of sessions | No fee is charged by the court's mediation centre |
| Completion of pleadings and record | Three to twelve months | Copying and process charges |
| Final hearing and judgment | One to three years from filing, sometimes longer | Costs may be awarded against a party by the bench |
Documents to collect before you meet a lawyer
From the family court
- Certified copy of the judgment and decree, or the receipt of the copy application
- Petition, written statement, replication and any amendment
- Issues framed and the order sheets of every date
- Evidence affidavits and full cross-examination of every witness
- Exhibited documents with their exhibit numbers
- Income and asset affidavits filed under Rajnesh v. Neha (2020)
Your own records
- Marriage certificate, wedding photographs and invitation card
- Salary slips, Form 16, income tax returns and bank statements for the last three years
- School records, fee receipts and medical records of the child
- Chats, emails and call records relied upon at trial, with the certificate required for electronic records
- Copies of any FIR, DV Act case or maintenance case between the parties
- Passport and visa pages if you live abroad, and proof of dates of travel
Appeals against divorce decrees: what actually persuades the Division Bench
Divorce appeals turn on evidence. The bench asks whether the family court's finding of cruelty, desertion or another ground is supported by what witnesses said on oath and the documents proved at trial. Appeals succeed where the family court relied on allegations that were never put to the other side in cross-examination, ignored admissions, treated ordinary wear and tear of married life as cruelty, or found desertion where the spouse was actually thrown out of the home.
Appeals rarely succeed when they only argue that the trial judge believed the wrong witness. The High Court gives weight to the family court's view of credibility because that judge saw the witnesses. A better ground is a gap: a finding with no evidence behind it, or a vital document that the judgment does not mention at all. When Advocate B.K. Singh reads a divorce judgment for an appeal, he starts with the cross-examination of the petitioner, because that is usually where the case is either proved or quietly given away.
Filing a false criminal case, or making unproven allegations of character in pleadings, has been treated as mental cruelty in many decided cases. Equally, the fact that a spouse filed a complaint under Sections 85 and 86 of the Bharatiya Nyaya Sanhita 2023 (old Section 498A IPC) does not by itself prove cruelty against them; it depends on what happened to that complaint and why. The bench looks at the whole record, not a single event.
One limit needs to be clear. The Delhi High Court cannot dissolve a marriage only because it has broken down. In Shilpa Sailesh v. Varun Sreenivasan (2023), the Supreme Court held that only it can do so under Article 142 of the Constitution. Our guide on divorce on irretrievable breakdown explains what this means for a pending appeal.
Custody and visitation appeals: the child's welfare decides
In a custody appeal the question is not which parent behaved better in the marriage. It is what serves the welfare of the child now. The Division Bench often speaks to the child in chambers if the child is old enough, looks at schooling, health and who has been the primary caregiver, and is cautious about uprooting a settled child. A parent who lost custody can still win better visitation, overnight stays, holiday time or video calls even if the custody order itself stands.
Fresh facts are handled differently here than in a divorce appeal. A child's circumstances change: a new school, a parent's relocation abroad, a health issue. Courts accept that custody orders are never final in the strict sense, and an application to modify the arrangement can also be made to the family court on changed circumstances. Choosing between an appeal and a modification application depends on whether the complaint is about what the family court decided or about what has happened since.
Where a child has been removed from Delhi or abroad in breach of an order, or is being kept from the other parent, a habeas corpus petition or urgent custody application may be faster than an appeal. Those situations are dealt with on our page on child custody and habeas corpus for a child.
Alimony and maintenance appeals: income, assets and the affidavit
Most maintenance appeals are about one thing: what the paying spouse actually earns. The Supreme Court in Rajnesh v. Neha (2020) required both parties to file detailed affidavits of income, assets and liabilities, and the Division Bench reads them closely. An appeal is strongest where the family court ignored documents, such as income tax returns, bank statements showing regular credits, a business that was hidden, or rent from a property not disclosed.
For the paying spouse, an appeal can succeed where the family court assumed an income that the evidence does not support, counted a loan repayment as income, or ignored dependent parents and other legitimate liabilities. For the receiving spouse, it can succeed where the court accepted a self-serving salary slip from a family business without looking at the lifestyle the spouse actually maintains. Simply saying the amount is too high or too low does not move the bench.
Permanent alimony orders are often settled at the High Court stage through mediation, because a one-time payment closes litigation for both sides. Where an appeal is pending, the High Court generally expects interim maintenance to be paid; an appellant husband who is in arrears may be asked to clear them before his appeal is heard on merits. Our guide on interim maintenance and how fast it comes explains how the interim amount is fixed in the first place.
Stay and interim orders while the appeal is pending
Filing an appeal does not automatically stay the family court's decree. A stay has to be asked for, and the bench decides it on the facts. In divorce appeals, the main concern is remarriage. Because Section 15 of the Hindu Marriage Act allows remarriage only after the appeal period ends without an appeal, or after the appeal is dismissed, the pendency of an appeal is itself a bar. Where there is a real risk the other spouse will remarry anyway, the bench can be asked to record an undertaking or pass a specific order.
In custody appeals, the bench may keep the existing arrangement in place, give interim visitation, or direct that the child shall not be taken out of Delhi or India without leave. Passports of the child are sometimes deposited with the registry. In maintenance appeals, the usual order is a direction to pay all or part of the awarded amount pending the appeal, sometimes with the balance to be deposited in court.
Do not treat an interim order as a result. It holds the position; the appeal is decided later on the full record. When Advocate B.K. Singh advises on a stay application, he tells clients plainly what the bench is likely to want in return, such as payment of arrears, an undertaking about the child's passport, or a commitment to mediation, so that the client is not surprised in court.
Mediation and settlement at the appeal stage
A large share of matrimonial appeals in the Delhi High Court are referred to the court's Mediation and Conciliation Centre, known as Samadhan, early in the case. Mediation at this stage often works better than it did before the family court: both sides have seen how a trial goes, costs have mounted, and the terms are clearer. Settlements usually cover a one-time alimony amount, return of jewellery and articles, custody and visitation, and withdrawal of all other cases between the parties.
If the parties settle, the Division Bench can record the settlement and, where appropriate, the parties can obtain a mutual consent divorce. Criminal cases between them, such as a dowry FIR, are usually quashed in a separate petition on the basis of the same settlement. Our guide on settling family disputes at the Delhi High Court mediation centre explains how a settlement deed should be drafted so that every case actually closes.
Settlement is not right for everyone. If a child's safety is at stake, or one side is hiding assets, an appeal decided on merits may be the only fair route. A good mediation is one you can walk away from.
Mistakes that weaken family court appeals
- Applying for the certified copy late. Every day lost before the application counts against your 30 days.
- Filing without the full trial record. The bench decides on the evidence. If the cross-examination is missing, the strongest ground may never be seen.
- Raising new allegations. Facts not pleaded or proved at trial are generally not considered in appeal. New evidence needs a separate application and a real reason why it could not be produced earlier.
- Not paying maintenance while appealing. An appellant in arrears may be asked to pay before being heard, and the default affects how the bench views the whole case.
- Appealing a consent decree. Section 19(2) bars it. Time spent on a barred appeal is time lost on the correct remedy.
- Using the wrong forum. Section 144 BNSS maintenance orders go in revision; DV Act orders go to the Sessions Court; Gurugram and Ghaziabad family court orders go to other High Courts.
If your spouse has filed the appeal: what the respondent should do
If you won in the family court and receive notice of an appeal, file a reply on time and attend the first effective hearing through counsel. The reply should defend the judgment on the evidence and point out where the appellant is trying to introduce new facts. If parts of the decree went against you, for example the divorce was granted but alimony was set too low, file cross objections under Order 41 Rule 22 CPC within the time allowed after service of notice.
If you expect an appeal and want to be heard before any interim order is passed, a caveat can be lodged in the Delhi High Court. A caveat requires the appellant to serve you before seeking urgent orders. It is explained in our guide on filing a caveat in the Delhi High Court.
Do not remarry while the appeal is pending, however strong your decree looks. If the decree is reversed, the second marriage faces serious legal problems. Wait for the appeal to be dismissed, or ask the bench for clarity.
NRI spouses and parties living outside Delhi
An appeal in the Delhi High Court does not need the appellant to be present at every hearing. The case is argued by counsel, and the High Court's hybrid hearing system allows a party to join by video where the bench requires it, for example in mediation or when it wants to speak to the parties. The vakalatnama can be signed abroad and sent with an attested copy of your passport; affidavits can be attested before the Indian embassy or consulate or a notary as the rules allow.
NRI cases often raise extra issues: a foreign divorce decree that the other spouse says is not valid in India, a child taken to another country, or service of notice abroad. Foreign decrees are tested against Y. Narasimha Rao v. Y. Venkata Lakshmi (1991) and Section 13 of the CPC. These overlap with our page on NRI divorce, foreign decrees and child removal cases.
A made-up example: an ex parte divorce and a late appeal
Here's a made-up example. Ritu, a schoolteacher from Janakpuri, separated from her husband in 2021 and moved to her parents' home in Lucknow. Her husband filed for divorce on the ground of cruelty in the family court at Tis Hazari. Summons was sent to the old Janakpuri address and returned with a report that she had left. The court allowed service by publication in a Delhi newspaper, and a decree of divorce was passed ex parte in March 2024.
Ritu learnt of the decree eight months later, when her husband's lawyer sent a copy to her father. She had two options: an application under Order 9 Rule 13 CPC before the family court to set aside the ex parte decree, or an appeal under Section 19 with an application to condone delay. Her lawyer advised the family court application first, because the defect was in service, and the family court is the right place to prove that the husband knew her Lucknow address. Her WhatsApp messages with him from the same period, sent to her Lucknow address for courier deliveries, were the key evidence.
If the family court refused to set aside the decree, that refusal could itself be appealed to the Division Bench. Throughout, her lawyer wrote to the husband's lawyer recording that the decree was under challenge, so that no one could later claim the husband had remarried in good faith.
After the High Court: Supreme Court, review and execution
A judgment of the Division Bench in a family court appeal can be challenged in the Supreme Court by a special leave petition under Article 136 of the Constitution, normally within 90 days. Leave is discretionary and the Supreme Court interferes only where there is a substantial question or serious injustice. It is also the only court that can dissolve a marriage on irretrievable breakdown under Article 142. Our page on special leave petitions against Delhi High Court judgments covers that step.
A review petition before the same bench is possible only for an error apparent on the face of the record, not to reargue the case. Once the appeal is decided, the decree as confirmed or modified is executed in the family court: arrears of alimony can be recovered by attachment of salary or property, and custody orders can be enforced with police help where needed.
What to do this week
Note the date of the judgment and apply for the certified copy today if you have not already. Collect every paper from the trial, especially the cross-examination and the exhibits, and write down in your own words what you think the court got wrong. If you are paying maintenance, keep paying and keep the bank proof. If a child is involved, keep a simple diary of visits and calls. Our guide on what happens after you file a family court appeal walks through the hearings in more detail.
Fees are discussed at the first meeting and agreed in writing, stage by stage. For advice on your family court judgment and papers, or for updates on how the Delhi High Court is deciding these appeals, contact Advocate B.K. Singh.
Frequently asked questions
How many days do I have to appeal a family court decree in Delhi?
Thirty days from the date of the judgment, under Section 19(3) of the Family Courts Act. The time taken to obtain the certified copy is excluded if you applied promptly. A late appeal can be filed with an application for condonation of delay, but you must explain every day of delay with proof.
Can I appeal a mutual consent divorce?
No. Section 19(2) of the Family Courts Act bars appeals from decrees passed with the consent of the parties. If you say your consent was obtained by fraud or coercion, the remedy is different and depends heavily on the facts, so take advice quickly.
Can my ex-husband remarry while my appeal is pending?
Under Section 15 of the Hindu Marriage Act, remarriage is lawful only after the appeal period ends without an appeal or after the appeal is dismissed. A pending appeal therefore bars it. If you fear a remarriage anyway, ask the Division Bench for a specific order or undertaking at the first hearing.
Does filing an appeal stop the maintenance order?
No. The family court's order stays in force unless the High Court stays it. The bench often directs payment of all or part of the amount while the appeal is pending, and an appellant in arrears may be asked to clear them before the appeal is heard.
Can I bring new evidence in a family court appeal?
Only with permission, through an application under Order 41 Rule 27 CPC. You must show the evidence could not be produced at trial despite due diligence, or that the court needs it to decide the case. In custody matters, the bench is more open to updated facts about the child.
Do I need to come to Delhi for the appeal hearing if I live abroad?
Usually not for routine hearings, which counsel attends. The bench may want the parties present, often by video, for mediation or before deciding custody. Your vakalatnama and affidavits can be executed abroad and sent to Delhi.
Who hears a family court appeal in the Delhi High Court?
A Division Bench of two judges, as required by Section 19(6) of the Family Courts Act. The case is registered as a MAT.APP.(F.C.) and listed before the bench assigned to matrimonial appeals under the roster.
My divorce case was in Gurugram family court. Can I appeal in Delhi?
No. Appeals from family courts in Haryana go to the Punjab and Haryana High Court, and from Noida or Ghaziabad to the Allahabad High Court. The Delhi High Court hears appeals only from family courts in Delhi.