...Section 19 of the Family Courts Act, 1984. 5. The decree of divorce passed under Section 13 of the Hindu Marriage Act used to be appealable under Section 28 of the said Act, which by Sub-section 4 provided for the limitation of 90 days for filing the appeal. 6...aforesaid provision of appeal is a substantive provision of law. 7. Subsequently, with the enforcement of the Family Courts Act, the orders and decrees passed under the Hindu Marriage Act also came to be challenged before the Division Bench of the High Court by virtue of Section 19 of the Family Courts Act, whose Sub-section 3 provided for limitation of 30 days for filing an appeal. 8...Hindu Marriage Act read with Section 19 of the Family Courts Act. 10. Both the above provisions provide for a different period of limitation for filing appeal. However, as it...

...constituted under the Family Courts Act, 1984.6. The short question raised by the Petitioner for determination in this Appeal is, whether delay in filing an Appeal from a decree of divorce, granted by a Family Court under the Special Marriage Act, 1954, can be condoned under Section 5 of the Limitation Act....7. The relevant provisions of the Limitation Act 1963, Family Courts Act, 1984 and Special Marriage Act, 1954 are set out hereinbelow for convenience:—“Section 29(3) of the Limitation Act.29. Savings.-(2) Where any special or local law prescribes for any suit, appeal or...decree. By reason of the overriding provision of Section 20 of the Family Courts Act, the provision of Section 19(3) of the Family Courts Act would prevail over Section 39(4) of the Special Marriage Act under which the period of Limitation for filing an appeal from...

...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...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...

..., 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...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...

...for the respondent has opposed the application and has submitted that the appeal is under the Family Courts Act, 1984 where the limitation of only 30 days is prescribed and there is no provision for...present appeal has been filed under section 19 of the Family Courts Act, 1984 read with section 39 of the Special Marriage Act, 1954. So far as the limitation for filing the appeal under the Special...Marriage Act is concerned, the same is 90 days and the present appeal has been filed within that period. Under section 19 of the Family Courts Act, the limitation prescribed for filing the appeal is 30 days...

...Act is 90 days and that being the special act, the limitation provided therein would prevail over the one which has been prescribed under the Family Courts Act and as such the report of the Stamp Reporter is incorrect.3. The period of limitationprescribed for instituting a suit or preferring an appeal or for making an application is governed by the provisions of the Limitation Act...accordance with the provisions thereto. At the same time where family courts have been established the procedure prescribed under the Family Courts Act is to be adopted and so also the method of appeal laid down therein. The period of limitation for..., the appeal against such judgment and order would be one under Section 19 of the Family Courts Act and the provisions of Section 28 of the Hindu Marriage Act insofar as it provides for filing an appeal pales into insignificance and stand superseded by Section 19 of the Family Courts Act.9. Therefore, the submission of the learned counsel for the appellant that the limitation for...

...marriage of the applicant post expiry period appeal. preferred within a period of 30 days and in the Family Courts Act, there is no specific provision with respect to applicability of Limitation Act and as the Family Courts Act is a Special Act and under the Special Act, appeal is...section 5 of the Limitation Act under the Family Courts Act and since the appeal is to the High Court...applicant that section 5 of the Limitation Act would not be applicable to the appeal against the order passed by the learned Family Court, more particularly section 19 of the Family Courts Act...

... filed on 20.12.2011. It is apparent that even if the provision as contained in section 18 of the Family Courts Act is taken into consideration, the appeal is barred by limitation, but no.... In these circumstances, the appeal preferred by the appellant under Section 18 of the Family Courts Act, 1984 does not lie. This appeal is found incompetent. At this stage...Cr.P.C. was decided by the Family Court. The appellant moved an application for certified copy on 5.4.2011 which was prepared and delivered on 15.4.2011, but this appeal was...

...under Section 19 of Family Courts Act, 1984 challenging order passed under Section 125 Cr.P.C. 3. It is well settled that inherent power cannot be invoked to bypass a...counsel for applicant and perused the record. 2. The present application under Section 482 Cr.P.C. has been filed with an attempt to bypass the limitation of filing appeal...statutory remedy wherein certain limitation has been provided. (See, Vipin Sahni and another vs. Central Bureau of...

...section 19 of the Family Courts Act, the Family Court Appeal is barred by law of limitation and the same be rejected.4. Mr. Jaisinghani, the learned counsel for the applicant has...stipulations under the special legislation which must prevail.16. Under section 19 of the Family Courts Act, appeal can be preferred against any decision of the Family Court not being an interlocutory order. Under section 28(4) of the Hindu Marriage Act the period of limitation is...contention that in view of section 20 of the Family Courts Act in which there is non-obstante clause, the Family Court Act would prevail over the Hindu Marriage Act.The short question that remains to be considered is whether the non-obstante clauses in section 19 and 20 can override the applicability of the period of limitation prescribed for an appeal under...

...petition was closed (dismissed). The petitioner claims to be aggrieved by that order. The petitioner has preferred this appeal under Section 19 of the Family Courts Act read Section 28 of the Hindu Marriage Act. On facts, there is no controversy. If the period of limitation is 90 days as stipulated under Section 28(4), the appeal is...contrary if the period of limitation is 30 days as stipulated under Section 19(3) of the Family Courts Act, the application is barred by limitation. The Registry raised an objection that the appeal cannot...Section 19 of the Family Courts Act, all orders (i.e non-interlocutory orders) passed are appealable and the period of limitation prescribed under Section 19(3) applies to all appeals. In this view of the matter, 30 days is the period prescribed for filing an appeal against...

...passed on 21. 05. 09, that petition was closed (dismissed). The petitioner claims to be aggrieved by that order. The petitioner has preferred this appeal under s. 19 of the family courts act read with s. 28 of the hindu marriage act. On facts, there is no controversy. If the period of limitation is 90 days as stipulated under s. 28 (4) , the appeal is...period of limitation is 30 days as stipulated under s. 19 (3) of the family courts act, the application is barred by limitation. The registry raised an objection that the appeal cannot be received without..., it can be contended that the period of limitation is 30 days. Under s. 19 of the family courts act, all orders (i. E. Non - interlocutory orders) passed are appealable and the period of limitation prescribed under s. 19 (3) applies to all appeals. In this view of the matter, 30 days is the period prescribed for filing an appeal against...

...under section 19 of the family courts act read with section 28 of the hindu marriage act. On facts, there is no controversy. If the period of limitation is 90 days as stipulated under section 28 (4) , the appeal is...perfectly within time. On the contrary if the period of limitation is 3 0 days as stipulated under section 19 (3) of the family courts act, the application is barred by limitation. The registry raised an objection that the appeal cannot...letter of section 19 (3) of the act, it can be contended that the period of limitation is 30 days. Under section 19 of the family courts act, all orders (i. E. Non - interlocutory orders) passed are appealable and the period of limitation prescribed under section 19 (3) applies to all appeals. In this view of the matter, 30 days is the period prescribed for filing an appeal against...

...aforesaid report has been submitted by taking the limitation for filing the appeal as 30 days in view of Section 19(3) of the Family Courts Act, 1984 (hereinafter referred to as "Act, 1984.... Subsequently, with the enforcement of Act, 1984 orders of the Family Court came to be challenged by way of appeal as provided under Section 19 of the said Act for which the limitation is 30 days under sub...under Section 13 of the Act, 1955 is appellable under Section 28 of the said Act and the limitation for such an appeal is 90 days as provided under sub-section (4) thereof. 5...

...sub-section (1) of section 19 of the Family Courts Act, 1984 will be governed by the period of limitation under subsection (3) of section 19 or whether the period of limitation provided under sub-section (4) of section 28 of the Hindu Marriage Act, 1955 will apply to such Appeal?”2...Family Courts were established at some places in the State of Maharashtra. At places where the Family Courts could not be established, proceedings are being initiated in the regular Civil Courts.6. An issue was framed by the Division Bench that whether an appeal under sub-section (1) of section 19 of the Act of 1984 will be governed by the period of limitation under...section 20 of the Family Courts Act in which there is non-obstante clause, the Family Court Act would prevail over the Hindu Marriage Act.The short question that remains to be considered is whether the non-obstante clauses in section 19 and 20 can override the applicability of the period of limitation prescribed for an appeal under...

...also different i.e 30 days and 90 days. He further submitted that the intention behind enactment of the Family Courts Act is that the matrimonial disputes be decided expeditiously which will appear from the curtailment of period of limitation and an extra forum of appeal before...date of the decree. However, under the Family Courts Act, the limitation prescribed for filing appeal under Section 19(3) of the Family Courts Act, as it exists today, is...Hindu Marriage Act and under the Family Courts Act. The period prescribed under Section 19(3) of the Family Courts Act for preferring appeal should also be made 90 days. In the Family Courts Act also, appropriate amendment is required to be made with regard to the limitation prescribed...

...days as stipulated in Article 116 of the Limitation Act or is it 30 days as stipulated under S. 19(3) of the Family Courts Act? These are the questions that arise for consideration in this appeal at...under Art. 116 of the Limitation Act, the appeal is within time. If on the contrary, the appellant has only 30 days time as stipulated under S. 19(3) of the Family Courts Act...that under the Divorce Act, read along with the Code of Civil Procedure, the Kerala Civil Courts Act and Art. 116 of the Limitation Act, the period of limitation for preferring an appeal against the impugned order is 90 days from the date of the order.9. That takes us to the next question whether the prescription of the period of 30 days under S. 19(3) of the Family Courts...

...sufficient cause has been shown by the petitioner for not filling the matrimonial appeal within the period of limitation as prescribed under the Family Courts Act, 1984. Accordingly, this application...= 11/12/2025 This application has been filed under Section 5 of the Limitation Act, 1963 for condoning the delay of 50 days in preferring this appeal...under the Family Court Act, 1984 challenging the judgment dt. 07.02.2025 /18.02.2025 passed by the learned Family Court, Kailashahar, Unakoti, Tripura in T.S (RCR) 27 of 2022...

...objections:“2. Whereas, U/s.19 (3) of the Family Courts Act, 1984, the limitation for preferring appeal is only 30 days from the date of judgment or order of a...1. This appeal is filed calling in question the judgment and decree dated 11.1.2010, in M.C No. 418/2003, on the file of the III Addl. Family Court, Bengaluru, allowing the petition filed...Family Court. That, the above appeal was filed on 24-05-10, admittedly, after delay of 21 days from the date of judgment i.e, 11-01-2010 by deducting the time taken for grant of CCs & court vacation...

...under the Family Courts Act. As an appeal has been provided under the Hindu Marriage Act itself, in Viswanathan’s case (cited supra) this Court held that the period of limitation provided under the...of limitation for filing the appeal is 30 days, Section 19 (3) of the Family Court Act. The counsel for the appellants relied on a decision of this Court in Viswanathan v. Sindhu...) and observed that period of limitation provided under Section 28 (4) of the Hindu Marriage Act has to be reckoned for filing appeal in preference to Section 19 (3) of the Family Court Act. So According...