New Delhi: The Delhi High Court has said that the period of limitation for filing an appeal against judgements or orders issued by Family Courts is generally 30 days.
However, the court also clarified that delays in filing such appeals can be condoned under Section 5 of the Limitation Act, 1963, provided sufficient cause is shown.
This court was hearing a case where a wife appealed against a Family Court’s decision that granted her husband’s divorce petition on grounds of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
“..the period of limitation for filing an appeal against a judgment or order of the Family Court is thirty days. However, for sufficient cause to be shown, the delay in filing can be condoned under Section 5 of the Limitation Act. 1963,” a bench of Justices Sanjeev Sachdeva and Vikas Mahajan said.
The husband argued that the appeal was barred by limitation, as it was filed under the Family Courts Act, 1984, which stipulates a 30-day limitation period under section 19(3).
In contrast, the wife contended that the appeal was filed under Section 28 of the Hindu Marriage Act, which prescribes a 90-day limitation period.
It was questioned before the court about which provision should prevail when there is a discrepancy between the two regarding the appeal’s time limit.
The court then clarified that in states where Family Courts have not been established by the State Governments, there is no inconsistency, and the 90-day period provided under Section 28 of the Hindu Marriage Act would apply.
Furthermore, the court noted that while amendments extended the period for filing appeals under the Hindu Marriage Act and the Special Marriage Act to 90 days, no corresponding amendment was made to the Family Courts Act, which continues to prescribe a 30-day limitation period.
The court also disagreed with a previous judgement of a coordinate bench and a full bench of the Bombay High Court, both of which held that the limitation period for appeals from Family Court orders should be 90 days.
Despite this, the court did not refer the matter to a larger bench, citing a Supreme Court decision that considered the limitation period for appeals related to divorce decrees under the Special Marriage Act.
In light of the differing opinions and to provide clarity, the court granted the wife the opportunity to file an application seeking the condonation of the appeal’s delay.
The appeal will now be listed before the roster bench for further consideration.
–IANS
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