The Delhi High Court has ruled that an appeal against a decree or order of the Family Courts must be filed within 30 days from the pronouncement of a decree or order.
A division bench of justices Sanjeev Sachdeva and Vikas Mahajan issued the clarification after noting that there was a clear inconsistency between the limitation periods offered under the Hindu Marriage Act (HMA) and the Family Courts Act, 1984.
In 2003, when the HMA met an amendment, it clearly mentioned a 90-day limitation period for appeals, while the Family Courts Act laid down a 30-day limitation period.
Now, the Court has held that the period for filing an appeal from an appealable order and decree of a district court would be the 90 days mentioned under Section 28 of the HMA.
However, wherever family courts have been set up, the Family Courts Act, 1984 will be applied and the appeal under Section 19 of the said Act must be filed within 30 days from the decree or order given by the family court, added the High Court.
The Court ruled, “Clearly Section 28 of the HMA and Section 19 of the Family Courts Act operate in different spheres and apply to orders passed by different forums i.e. District Court and the Family Court respectively. Thus, the period of limitation for filing an appeal from an appealable order and decree of the District Court would be ninety days under section 28 of HMA and the period of limitation for filing an appeal from an appealable order and judgment of the Family Court, wherever it has been set up, would be thirty days under section 19 of the Family Courts Act.”
It also made it clear that a delay in filing can be condoned on furnishing of sufficient cause under Section 5 of the Limitation Act, 1963.
With the judgment, the bench totally disagreed with the conclusions of not only another division bench of the Delhi High Court but also a three-judge bench of the Bombay High Court.
The Court issued the ruling while dealing with an appeal filed by a wife challenging a family order allowing her husband’s divorce plea under Section 13 (1) (ia) of the HMA.
A preliminary objection was made by the husband that the appeal was barred by limitation under the Family Courts Act.
The appellant-wife countered that the appeal was filed under Section 28 of the HMA, wherein the period of limitation prescribed is 90 days and not 30 days.
The Court found that the limitation period mentioned under the Family Courts Act is applicable in the present case.
The bench gave the appellant (wife) an opportunity to file an appropriate application seeking condonation of delay and put the case on the list for further hearing on October 16, 2023, before the roster bench.
Advocates Vineet Jhanji and Imran Moulaey represented the appellant-wife.
Advocate Sumar Arora appeared for the husband.
News Source: https://www.barandbench.com/news/abuse-liberal-rules-pils-frivolous-petitions-wasting-judicial-time-delhi-high-court
