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[Section Index]

The Family Courts Ordinance, 1985

( Ordinance NO. XVIII OF 1985 )

Appeal
17. (1) Subject to the provisions of sub-section (2), an appeal shall lie from a judgment, decree or order of a Family Court to the Court of District Judge.
 
 
 
 
(2) No appeal shall lie from a decree passed by a Family Court-
 
 
 
 
(a) for dissolution of marriage, except in the case of dissolution for reasons specified in section 2(viii)(d) of the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939);
 
 
 
 
(b) for dower not exceeding five thousand taka.
 
 
 
 
(3) An appeal under this section shall be preferred within thirty days of the passing of the judgment, decree or order excluding the time required for obtaining copies thereof:
 
 
 
 
Provided that the Court of District Judge may, for sufficient cause, extend the said period.
 
 
 
 
(4) An appeal shall-
 
 
 
 
(a) be in writing;
 
 
 
 
(b) set out the grounds on which the appellant seeks to challenge the judgment, decree or order;
 
 
 
 
(c) contain the names, description and addresses of the parties; and
 
 
 
 
(d) bear the signature of the appellant.
 
 
 
 
(5) A certified copy of the judgment, decree or order of the Court from which the appeal is preferred shall be attached with the appeal.
 
 
 
 
(6) Any order passed by the Court of District Judge shall, as soon as may be, be communicated to the Family Court which shall modify or amend the judgment, decree or order accordingly and shall also make necessary entries to that effect in the appropriate column in the register of decrees.
 
 
 
 
1[(7) The District Judge may transfer an appeal to the Court of an Additional District Judge or a Subordinate Judge for hearing and disposal and may withdraw any such appeal form such Court.]

  • 1
    Sub-section (7) was added by section 11 of the Family Courts (Amendment) Act, 1989 (Act No. XXX of 1989).
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