Usha Joshi v. Vijay Pargaonkar
CourtCourt of Appeals of Georgia
Date FiledOctober 7, 2026
DocketA27A0518
StatusPublished
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Full Opinion
Court of Appeals
of the State of Georgia
ATLANTA,____________________
October 07, 2026
The Court of Appeals hereby passes the following order:
A27A0518. USHA JOSHI v. VIJAY PARGAONKAR.
Usha Joshi and Vijay Pargaonkar were divorced in May 2025. Since then, Joshi
has filed nearly a dozen post-judgment motions in the divorce proceeding, each of
which the trial court denied in January 2026. Joshi then filed this pro se direct appeal.
We lack jurisdiction.
“Appeals from judgments or orders in divorce, alimony, and other domestic
relations cases” must be initiated by filing an application for discretionary review.
OCGA § 5-6-35(a)(2), (b). See Onyemobi v. Onyemobi, 375 Ga. App. 538, 538, 540–41
(916 SE2d 738) (2025).1 “Compliance with the discretionary appeals procedure is
1
To the extent that Joshi seeks to appeal any child custody issues, we note that,
under OCGA § 5-6-34(a)(11), direct appeals may be had from “[a]ll judgments or
orders in child custody cases awarding, refusing to change, or modifying child custody
or holding or declining to hold persons in contempt of such child custody judgment
or orders.” But because an appeal in a divorce case must be initiated by filing a
discretionary application, direct appeals will not lie from “orders relating to child
custody issues that are entered in divorce cases.” Voyles v. Voyles, 301 Ga. 44, 45 (799
SE2d 160) (2017) (quotation marks omitted). Accord Hoover v. Hoover, 295 Ga. 132,
134(1) (757 SE2d 838) (2014) (“Where . . . child custody issues are ancillary to a
divorce action, the determination of child custody does not transform the case into a
‘child custody case,’ as that phrase is used in OCGA § 5-6-34(a)(11), for purposes of
determining the appropriate method for appealing a child custody order.”). Because
“a divorce case in which child custody is an issue” “is not a child custody case,”
“OCGA § 5-6-35(a)(2) requires an application for discretionary appeal, and a direct
appeal is not authorized by OCGA § 5-6-34(a)(11).” Todd v. Todd, 287 Ga. 250, 252(1)
jurisdictional.” Smoak v. Dep’t of Human Res., 221 Ga. App. 257, 257 (471 SE2d 60)
(1996). Joshi’s failure to follow the required appellate procedure deprives us of
jurisdiction over this direct appeal, which is hereby DISMISSED. See Onyemobi, 375
Ga. App. at 541; Smoak, 221 Ga. App. at 257–58.
Court of Appeals of the State of Georgia
Clerk’s Office, Atlanta,____________________
10/07/2026
I certify that the above is a true extract from
the minutes of the Court of Appeals of Georgia.
Witness my signature and the seal of said court
hereto affixed the day and year last above written.
, Clerk.
(703 SE2d 597) (2010). Accord Ford v. Ford, 347 Ga. App. 233, 234 (818 SE2d 690)
(2018).