A division bench of the Rajasthan HC consisting of Justice Mohammad Rafiq and Justice Narendra Singh Dhaddha dismissed an appeal which prayed that the previous appeal against the judgement of the Family court should be deemed invalid for having expired the period of limitation for filing an appeal against the judgement of the Family Courts Act, 1984.
The counsel on behalf of Shiven Gupta pointed out that according to the Section 19(3) of the Family Courts Act, 1984 prescribed a time limit of 30 days within which an appeal could be made. In the present case, the delay had been of 57 days. The court however considered the postulates in Hindu Marriage Act, Section 28(4) which stated that a 90 days period was granted to challenge an order.
Regarding this, the HC relied on the views held by Bombay HC in the case Shivram Dodanna v Shamila Shivram Shetty 2016 SCC Bom 9844 where the limitation time period of the Hindu Marriage Act was taken to be the standing on as per the latest amendments with reference to the period of limitations.
Taking note of the above circumstances, the HC inferred that the Judicial Registrar would consider 90 days as the limitation time period regarding the presentation of an appeal filed against the judgements passed by the Family Court.
Kuldeep Yadav v. Anita Yadav, D.B. Civil Miscellaneous Appeal No. 4589