In India, family law matters, including divorce cases, are generally handled by the Family Courts, which are established under the Family Courts Act, 1984. However, certain matters related to divorce can be taken to the High Court under specific circumstances. Here are some instances when a divorce case might be handled by a High Court in India:
Appeals: If a party is dissatisfied with the judgment or order passed by the Family Court or a lower court, they can file an appeal in the High Court. The High Court has appellate jurisdiction to hear appeals from the Family Courts.
Transfer Petitions: A party can approach the High Court to transfer a divorce case from one Family Court to another within the same state. For inter-state transfers, the petition needs to be filed in the Supreme Court of India.
Writ Petitions: In cases where there are allegations of violation of fundamental rights or there is a need for urgent intervention, parties can file writ petitions (such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari) in the High Court under Article 226 of the Constitution of India.
Revision Petitions: The High Court can also entertain revision petitions against orders of the Family Court if there is a jurisdictional error or gross injustice. Special Cases: In certain complex or high-profile divorce cases, the High Court may directly take cognizance or issue specific directions, especially if there are matters of significant legal interpretation involved. Contempt of Court: If there is non-compliance with the orders of the Family Court, the aggrieved party can file a contempt petition in the High Court.
While the above points cover instances where the High Court can get involved in divorce cases, it’s essential to understand that the primary jurisdiction for initiating divorce proceedings lies with the Family Courts. The High Court steps in mainly for appellate, revisionary, or exceptional interventions.
