Unhappy with Your Divorce Judgment? Here’s What You Can Do Next

Divorce as such has drained you emotionally enough, and when the court’s judgment doesn’t go your way, it can feel like the end of the road. But here’s the truth: it’s not over yet. If you’re unhappy with your divorce judgment or maintenance orders or orders given for the interlocutory applications or any other interim orders, there are several steps you can take to challenge the decision and fight for a fair outcome. Whether it’s filing an appeal, seeking a review, or exploring alternative remedies, the law provides options to ensure your voice is heard. Read through this detailed guide on what you can do next:

Appeals are typically allowed for all the cases that are disposed of on the merits of the case and Appeals are not allowed if both the parties have amicably decided on the settlement agreement. For example in the cases of Mutual Consent Divorce, if the parties have settled the issues without any duress, coercion or force, there is no provision for appeal. However, if there is any change in circumstances like the recipient of the periodic maintenance remarries or the child’s health condition changes, the aggrieved party can ask for a revision of the judgement through another case. In this article let’s see how and when we can appeal or seek review of the order or judgement. 

1. Understand the Grounds for Challenge

To file any case there must be a ground or a reason to do so. Similarly before seeking a remedy through appeal or review  it’s crucial to understand why you’re unhappy with the judgment and whether it is a valid ground to file an appeal/ review. Common grounds for challenging a divorce judgment include:

• Errors in law: If the judge misinterpreted or misapplied the law.
• Procedural irregularities: If there were mistakes in the legal process.
• New evidence: If you’ve discovered evidence that wasn’t available during the trial.
• Unfair settlement: If the division of assets, alimony, or child custody arrangements seem unjust.

This is the crucial decision that you need to take with the help of the advice from a High Court lawyer who handles the matrimonial cases. To decide the basis on which you can file an appeal or review lays the foundation for the success of the case. 

2. File an Appeal

If you believe the judgment is legally flawed, filing an appeal is your most powerful option. An appeal allows a higher court to review the decision and potentially overturn or modify it. Here’s what you need to know:

• Time limit: The appeal period is 90 days from the date of judgment, which means one has to file the appeal within 90 days from the date on which judgment was passed. It does take a few days to weeks to get a certified copy from the court. 
• Grounds for appeal: The petition for appeal must show clearly that the lower court made a legal error or the judgment was unreasonable. The High Court Advocates are skilled to make a clear submission through the petition. 
• Process: The proceedings in the High Court differ from the trial courts. The presence of the parties is not necessary during all the hearings. Where required, you will be informed to be present at the court or through Video Calling link. Otherwise you can view the proceedings through an online viewing option without access to participate in the hearing. 

The Appellate Court has the power to revise/modify/revoke the order or direct the lower court to carry out the trial again. 

“An appeal is not a retrial. It’s about proving that the original judgment was biased/ inappropriate/ wrong  based on the existing evidence and legal principles.”

3. Seek a Review Petition

If there is a grave injustice or if the judgment contains a clear error or new evidence has suddenly popped up, you can file a review petition with the same court that issued the judgment. This is often a quicker and less expensive option. Key points to consider:

• Time limit: 30 days is the time limit to file a review petition.
• Grounds for review: The application for review must show that there was a mistake apparent on the face of the record or that new facts have emerged.
• Outcome: The court may correct errors or reconsider certain aspects of the judgment, if the application is substantiated by the evidence and arguments.

The key here is to convince the court that the order needs revision. This can be done at the trial courts or High Court or Supreme Court. 

4. Explore Alternative Remedies

If an appeal or review isn’t feasible, there are other ways to address your concerns:

• Modification of orders: For issues like child custody, alimony, or maintenance, you can request a modification if there’s been a significant change in circumstances. As the children grow or their health status changes, there may be a need to change the amount of child support. Similarly if the recipient of monthly spousal maintenance remarries, the maintenance orders may have to be changed. These kind of modifications can be made by filing a case again, if the other spouse is not willing to cooperate otherwise. 
• Mediation or settlement: If both parties are open to it, mediation can help resolve disputes without further litigation. It is the less expensive, less time consuming and less stressful way to settle the conflicts. 
• Execution proceedings: If the other party isn’t complying with the judgment, you can file for execution to enforce the court’s orders. For example H, the husband was ordered to pay monthly maintenance of Rupees 10,000/- to his wife W. ‘H’ paid the amount for 6 months and then he stopped. The maintenance amount hasn’t been paid for 3 months now, despite reminders and messages from W. ‘H’ has been incommunicado. Here ‘W’ can go for an execution proceeding asking for payment of maintenance as per the court order. 

5. Consult a Skilled Advocate

The most important step you can take is to consult an experienced family lawyer and it is crucial to hire an expert to see results. A High Court Lawyer specialised in Family Law is expert in:

• Evaluating the merits of the case.
• Guiding the aggrieved party through the legal process.
• Helping you to sort out the evidence at hand to choose the apt one supporting the appeal/ review. 
• Representing the appellant effectively in court.

“The law is equal to everyone, but you need the right strategy and the right advocate to navigate the system.”

Conclusion

Being unhappy with your divorce judgment doesn’t mean you’re out of options. Whether it’s filing an appeal, seeking a review, or exploring alternative remedies, the law provides avenues to challenge the decision and seek justice. With the right legal guidance and a clear strategy, you can turn the tide in your favor.

If you’re ready to take the next step, reach out to a trusted advocate today and start fighting for the outcome you deserve.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Consult a qualified High Court advocate or a Family Law Lawyer for guidance on your specific case.