Limitation Period for Filing Appeal in Divorce Cases
When the question arises for Limitation Period for filing Appeal in Divorce Cases .The question of what is the period of limitation for filing an appeal against a decree or order passed by a Family Court under the Hindu Marriage Act, 1955 , the same was dealt with recently by the Hon’ble High Court of Delhi on 12 th September, 2023 In MAT. APP (F.C.) 199/2019, In PALLAVI MOHAN ALIAS PALLAVI MENON vs RAGHU MENON has held that “In view of the above, the preliminary objection is disposed of holding that 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.”
On Para 32 of the Judgment dated 12 th September, 2023 passed in PALLAVI MOHAN ALIAS PALLAVI MENON the Hon’ble High Court has held that “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”.
Important Judgments
Important Judgments dealing with Limitation Period for filing Appeal in Divorce Cases
Special Leave Petition (C) No.10751 of 2021 titled Arunoday Singh vs. Lee Anne Elton dated 23.07.2021
Savitri Pandey versus Prem Chandra Pandey (2002) 2 SCC 73
Conclusion
It can therefore be concluded that the period of 30 days for filing appeal in divorce cases before the High Court is usually considered . Even in cases when the time period has exceeded the same may be condoned under Section 5 of the Limitation Act as was in the cases of PALLAVI MOHAN ALIAS PALLAVI MENON (Supra) wherein the court has allowed the appeal with 15 days times to file an application for condonation of delay. Therefore when cogent reasons or explanations are given it may be considered.
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