JURISDICTION AND PROCEDURECentral

Section 39 of The Special Marriage Act, 1954

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.

Summary

Any decree made by a court under the chapters for separation or divorce can be appealed.
Orders regarding permanent alimony or child custody can be appealed, provided they are not temporary, interim orders.
No appeals are allowed under this section if the appeal is solely about court costs or legal expenses.
Every appeal must be filed within a strict timeframe of ninety days from the date the court issued its decree or order.
The appeal must be submitted to the specific higher court that normally hears appeals from that civil court.

Practical examples

1Ramesh and Sunita are granted a divorce by a district civil court on April 10, 2026. Ramesh disagrees with how the court divided their assets and decides to appeal. He must submit his appeal to the appropriate higher court within ninety days, which means his deadline is July 9, 2026.

2Priya receives an order for permanent alimony from her ex-husband, Amit. Amit is unhappy with the high monthly payment and wants to challenge it. Since the alimony order is permanent and not a temporary, interim arrangement, Amit is legally permitted to appeal it within ninety days.

3A court dismisses John's petition for judicial separation and orders him to pay fifty thousand rupees for his wife's legal expenses. John is satisfied with the separation ruling but wants to appeal the order to pay the legal costs. His appeal will be rejected because appeals cannot be filed on the subject of costs alone.

FAQ

1. Can I appeal a temporary maintenance order under Section 39 of the Special Marriage Act, 1954?

No, under Section 39 of the Special Marriage Act, 1954, temporary or interim orders made during the case cannot be appealed. Only final or permanent orders can be appealed.

2. How many days do I have to file an appeal under Section 39 of the Special Marriage Act, 1954?

Under Section 39 of the Special Marriage Act, 1954, you must file your appeal within ninety days from the date of the decree or order.

3. If I only want to challenge the court costs awarded, can I appeal under Section 39 of the Special Marriage Act, 1954?

No, under Section 39 of the Special Marriage Act, 1954, no appeal is allowed if the dispute is strictly about the subject of costs only.

4. To which court should I submit my appeal under Section 39 of the Special Marriage Act, 1954?

Under Section 39 of the Special Marriage Act, 1954, the appeal must lie to the specific higher court that ordinarily hears appeals from the decisions of the civil court that handled your trial.

Test yourself

Q1.Under Section 39 of the Special Marriage Act, 1954, what is the deadline to file an appeal against a decree?

Q2.Under Section 39 of the Special Marriage Act, 1954, which of the following orders is appealable?

Q3.Under Section 39 of the Special Marriage Act, 1954, what is the rule regarding an appeal based only on court costs?

Q4.Under Section 39 of the Special Marriage Act, 1954, where must an appeal against a civil court decree be filed?

38PreviousSection 38 Custody of children.39ANextSection 39A Enforcement of decrees and orders.

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JURISDICTION AND PROCEDURECentral

Section 39 of The Special Marriage Act, 1954

(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.

Summary

Any decree made by a court under the chapters for separation or divorce can be appealed.
Orders regarding permanent alimony or child custody can be appealed, provided they are not temporary, interim orders.
No appeals are allowed under this section if the appeal is solely about court costs or legal expenses.
Every appeal must be filed within a strict timeframe of ninety days from the date the court issued its decree or order.
The appeal must be submitted to the specific higher court that normally hears appeals from that civil court.