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Section 39: Appeals from decrees and orders.

The Special Marriage Act, 1954Central Act · Act 43 of 1954

[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 [period of ninety days] from the date of the decree or order.

Where this provision sits

ActThe Special Marriage Act, 1954
Section39
Marginal noteAppeals from decrees and orders.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it1

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 68 of 1976. . Subs. by Act 68 of 1976, s. 37, for section 39 (w.e.f. 27-5-1976).
  • substituted, Act 50 of 2003. . Subs. by Act 50 of 2003, s. 3, for "period of thirty days" (w.e.f. 23-12-2003).

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