A defect was pointed out under section 19 (3) of The Family Court Act,1984 in Kuldeep Yadav v/s Anita Yadav .
The defect was pointed out in the High Court of Rajasthan,Jaipur bench. The section 19(3) of The Family Court states that the period of limitation for filing an appeal against the judgement of the family court is 30 days from the date of the decree.
In the present case there was a delay of filing the appeal by 57 days. The Counsel of Kuldeep Yadav, pointed out that in Anita Chaudhari versus Rajesh Chaudhari case the court had taken a note of section 19 (3 )which describes the limit of 30 days of filing for appeal but considering provisions of section 28 (4) of Hindu Marriage Act,1955 says that an appeal can be filed within 90 days against any decree or order passed by the court under the provisions of the Hindu marriage Act hence the concerned Court in the chaudhari case held that appeal can be considered within 90 days of the decree.
The counsel also pointed out Savitri Pandey vs Prem Chandra Pandy case, where the Supreme Court held that in a country like India which is so vast, the powers under the act are generally excisable by the district court and high court, due to the distance and financial position of the parties the time period of 30 days prescribed is insufficient and inadequate.And hence a minimum period of 90 days may be prescribed The Supreme Court also ordered that the appropriate legislation is required to make the necessary changes accordingly and a forward was send a copy of the same to the Ministry of Law and Justice for such actions to take place in teir behlaf.
The counsel cited few more cases to prove his point and along his delay in filing appeal in 57 days as he was in the notion that according to section 28(4) of Hindu Marriage Act that the limitation period is 90 days.
The judge of High Court of Rajasthan, Narendra Singh dhada and Mohammed Rafiq held that an appeal can be filed within 90 days which is prescribed under section 28 (4)of the Hindu marriage Act of 1955 and also directed the Ragistrar of the court to issue necessary direction to the office to treat all such appeal to be filed within 90 days.