SAVITA CHOUDHARY v. RAM KUMAR ROJH

HON'BLE MR. JUSTICE DEEPAK MAHESHWARI Order 05/10/2017 Instant misc. appeal is directed against the judgment & decree of the Ld. Family Court impugned dt.12-11-2016 granting decree of divorce u/S.13B but the permanent alimony has been declined & that is under challenge in the present appeal on behalf of the appellant-wife.

However, office has pointed out delay of 53 days in filing present appeal taking note of Sec.19(3) of the Family Courts Act,1984 but at the same time Sec.28(4) of the Hindu Marriage Act,1955 postulates 90 days for filing appeal against any decree or order passed under the Hindu Marriage Act,1955.

Counsel submits that u/S.19(3) of the Family Courts Act,1984, the limitation for filing appeal is 30 days at the same time the judgment & decree which has been passed by the Ld.

Family Court granting decree of divorce dt.12-11-2016 or declining permanent alimony u/S.25 of the Act,1955, appeal could be preferred u/S.28 of the Hindu Marriage Act,1955 with the period of limitation u/S.28(4) is 90 days and submits that in the given facts & circumstances the appeal preferred be treated to be (2 of 2) [CMA-760/2017] within limitation against the judgment & decree passed by the Ld.

Family Court under the Hindu Marriage Act,1955 dt.12-11-2016.

Taking note of the submissions made, we consider it appropriate to treat the present appeal as competent appeal to be considered within limitation subject to objection, if any, raised by the respondent and accordingly, the office objection in regard to the limitation stands overruled.

Issue notice to the respondent, returnable by six weeks.

Notices be given dasti, if desired.

Accordingly, the application u/S.151 CPC stands disposed of.

(DEEPAK MAHESHWARI)J. (AJAY RASTOGI)J.

VS Shekhawat/117