HON'BLE MR. JUSTICE DEEPAK MAHESHWARI Order 05/10/2017 Instant misc. appeal is directed against the order of the Ld.
Family Court impugned dt.20-5-2017 rejecting the application filed by the appellant-husband for decree of divorce u/S.13 of the Hindu Marriage Act,1955.
However, office has pointed out delay of 67 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 order which has been passed by the Ld. Family Court rejecting the application filed by the appellant-husband for decree for divorce u/S.13 of the Act dt.20-5-2017, 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 within limitation against the order passed by the Ld. Family Court under (2 of 2) [CMA-4331/2017] the Hindu Marriage Act,1955 dt.20-5-2017.
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.
(DEEPAK MAHESHWARI)J. (AJAY RASTOGI)J.
VS Shekhawat/118