Raj HC | Larger period of limitation for filing appeals prescribed in Hindu Marriage Act would prevail over the period prescribed under Family Courts Act

Rajasthan High Court: A Division Bench of Mohammad Rafiq and Narendra Singh Dhaddha, JJ. quashed the appeal which pointed out that the appeal against the judgment of the Family Court was invalid as the period of limitation for filing an appeal against the judgment of the Family Court vis-à-vis the Family Courts Act, 1984 had expired.

The counsel for the appellant, Ganesh Khanna on behalf of Shiven Gupta, taking note of Section 19(3) of the Family Courts Act which prescribes a period of 30 days for filing an appeal, pointed out the delay of 57 days in filing of the appeal. However, the Court also considered provisions of Section 28(4) of the Hindu Marriage Act, 1955 which postulates a period of 90 days for filing an appeal against any decree or order passed under the provisions of the Hindu Marriage Act.

The Court relied on Bombay High Court’s view in Shivram Dodanna Shetty v. Shamila Shivram Shetty, 2016 SCC OnLine Bom 9844 which held the limitation period prescribed in the Hindu Marriage Act to be the prevailing one since it had seen the latest amendment with respect to the period of limitations.

In view of the above, the Court ordered the Judicial Registrar of the Court to issue the necessary direction to the Office which was to consider 90 days as the period of limitation with respect to appeals filed against the judgments and decrees passed by the Family Court. [Kuldeep Yadav v. Anita Yadav, 2019 SCC OnLine Raj 4016, decided on 06-11-2019]

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