Revision Petition Against Interlocutory Order

The Revision Petition Against Interlocutory Order is governed by Section 115 of the Code of Civil Procedure, 1908 (CPC). This provision empowers the High Court to call for the record of any case which has been decided by a subordinate court and in which no appeal lies, if the subordinate court appears to have exercised a jurisdiction not vested in it by law, or failed to exercise a jurisdiction so vested, or acted in the exercise of its jurisdiction illegally or with material irregularity. In divorce proceedings, interlocutory orders such as maintenance pendente lite, custody of children, or interim injunctions are common subjects of revision.

The Revision Petition Against Interlocutory Order is filed in the High Court having jurisdiction over the subordinate court that passed the order. The relevant department is the High Court Registry. For e-filing, the official portal is the e-Courts website (https://ecourts.gov.in). The High Court's own website provides case status and cause lists.

The process for filing a Revision Petition Against Interlocutory Order involves the following steps:

1. Drafting the Petition: The petition must state the grounds for revision, the impugned order, and the relief sought.
2. Filing: File the petition in the High Court along with certified copies of the impugned order and relevant documents.
3. Notice to Opposite Party: The court issues notice to the respondent.
4. Hearing: Both parties present arguments. The High Court may confirm, reverse, or modify the order.
5. Order: The court passes a final order on the revision petition.

The following forms are typically required:

• Revision Petition (drafted as per High Court rules)
• Affidavit in support of the petition
• Certified copy of the impugned interlocutory order
• Certified copy of the trial court record (if required)
• Vakalatnama (authorizing the advocate)
• Court fee stamps as per the High Court rules

A Revision Petition Against Interlocutory Order can be filed by any party aggrieved by an interlocutory order passed by a subordinate court in a divorce proceeding, provided:

• No appeal lies against the order.
• The subordinate court has exercised a jurisdiction not vested in it, or failed to exercise a jurisdiction so vested, or acted illegally or with material irregularity.
• The order is not a final order (interlocutory in nature).

No specific timeline is prescribed under the CPC for filing a revision petition. However, it should be filed without undue delay. The High Court may dismiss the petition if there is unreasonable delay. The actual duration of the proceedings depends on the court's schedule and the complexity of the case.

The court fee for a revision petition varies by High Court. Below is an indicative table based on common High Court rules:

Note: These are approximate government-prescribed fees. Actual fees may vary.