Section 39
Appeals from decrees and orders.
The Special Marriage Act, 1954
About this Act
An Act to provide a special form of marriage in certain cases, for the registration of such and certain other marriages and for divorce.
1[39. Appeals from decrees and orders-- (1) All decrees made by the court in any proceeding under
Chapter V or Chapter VI shall, subject to the provisions of sub-section (3), be appealable as decrees of the
court made in the exercise of its original civil jurisdiction, and such appeal shall lie to the court to which
appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.
(2) Orders made by the court in any proceeding under this Act, under section 37 or section 38 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original jurisdiction.
(3) There shall be no appeal under this section on the subject of costs only.
(4) Every appeal under this section shall be preferred within a 2[period of ninety days] from the date of the decree or order.
(2) Orders made by the court in any proceeding under this Act, under section 37 or section 38 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original jurisdiction.
(3) There shall be no appeal under this section on the subject of costs only.
(4) Every appeal under this section shall be preferred within a 2[period of ninety days] from the date of the decree or order.
Notes
1. Subs. by Act 68 of 1976, s. 37, for section 39 (w.e.f. 27-5-1976).
2. Subs. by Act 50 of 2003, s. 3, for "period of thirty days" (w.e.f. 23-12-2003).
2. Subs. by Act 50 of 2003, s. 3, for "period of thirty days" (w.e.f. 23-12-2003).