Court Sets Different Periods of Limitation for Appeals from District Court and Family Court Orders
The Court has ruled that the period of limitation for filing an appeal from an appealable order and decree of a district court will be 90 days, as specified under Section 28 of the Hindu Marriage Act (HMA). However, in cases where family courts have been established, the appeal under Section 19 of the Family Courts Act, 1984 must be filed within 30 days from the family court decree or order.
The High Court clarified that 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, namely the District Court and the Family Court. Therefore, the period of limitation for filing an appeal from an appealable order and decree of the District Court will be 90 days under Section 28 of the HMA, while the period of limitation for filing an appeal from an appealable order and judgment of the Family Court, wherever it has been set up, will be 30 days under Section 19 of the Family Courts Act.
Summary:
- The Court has held that the period of limitation for filing an appeal from an appealable order and decree of a district court is 90 days under Section 28 of the HMA.
- In cases where family courts have been established, the appeal under Section 19 of the Family Courts Act must be filed within 30 days from the family court decree or order.
- Section 28 of the HMA and Section 19 of the Family Courts Act apply to orders passed by different forums, namely the District Court and the Family Court.
- The period of limitation for filing an appeal from an appealable order and decree of the District Court is 90 days under Section 28 of the HMA.
- The period of limitation for filing an appeal from an appealable order and judgment of the Family Court, wherever it has been set up, is 30 days under Section 19 of the Family Courts Act.
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