Appeal Under Section 19 of Family Courts Act, 1984

When a party is aggrieved by a judgment and decree passed by the Family Court  , one has the option to file an appeal under  Section 19 of Family Courts Act, 1984. Very recently in an important Judgment passed by the Hon’ble High Court of Delhi in TAPSI VIDYARTHI vs ARVIND KUMAR SINGH  Pronounced on: 11th October, 2023 in MAT. APP. (F.C.) 215/2023 & CM APPL.37120/2023 , the Hon’ble Court was pleased to dismiss the appeal holding that the Family Court had rightly dissolved the marriage on the ground of ‘Cruelty’ under Section 13(1)(ia) of the Act, 1955. Although the family court had held that there was no case of desertion. The Hon’ble High Court was convinced that the appellant  /wife had  withdrawn from the company of the husband and also held that  the wife “… had an animus deserendi to leave the matrimonial
relationship…”  and further holding that in the  given circumstances, the learned Judge, Family Court wrongly concluded that there was no desertion on the part of the appellant/wife. The Hon’ble Court was of the view that the husband was entitled to a divorce  also on the ground of ‘Desertion’ under Section 13(1)(ib) of the Act, 1955.

Time Limit for filing  Appeal in High Court in Matrimonial cases.

Time prescribed under Section 28 of the Hindu Marriage Act is 90 days from the date of order and in case of  Section 19 of the Family Courts Act ,1955 is it 30 days.  The High Court of Gujarat has disposed off an application holding  that S.28 Hindu Marriage Act would have priority Over S.19 Family Courts Act setting the time limit to 90 days from date of the order.

Section 19 of Family Courts Act, 1984 reads as under:
“19. Appeal

(3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court.

Section-28 of the Hindu Marriage Act, 1955 reads as under:
“28. Appeals from decrees and orders.—

4) Every appeal under this section shall be preferred within a period of ninety days from the date of the decree or order.

For more information kindly click here

Kindly call us at 9870447987