📌 *What is period of limitation for filing appeal against order of family court?*
” The learned counsel for the applicant has drawn the attention of this Court to the amendment to the Hindu Marriage Act, 1955 which has been incorporated by the Marriage Law (Amendment) Act, 2003 and notified in the official gazette on 23.12.2003 wherein it is provided under Section 5, that in Section 28 of the Hindu Marriage Act, in Sub-Section (4), for the words “period of thirty days”, the words “period of ninety days” shall be substituted which provides for appeal from decrees and orders made by the courts under any provisions of the Hindu Marriage Act, 1955. *In view of this, the limitation provided under the special statute which would govern the field rather than provided under the Family Courts Act under Section 19, Chapter V, which provides for the period of limitation in respect of judgments and orders passed by the Family Court on the various subjects which the Family Court is competent to pass is in the nature of general provision and, therefore, the period of limitation provided under the Special Act would override the period of limitation provided under the Family Courts Act, 1894 and, therefore, as the appeals have been filed within a period of 90 days, they are to be held to be within limitation and, therefore, the objection does not survive and the applications for condonation of delay in filing the appeals are unwarranted as the appeals are filed within 90 days which is the period provided under Section 28 of the Hindu Marriage Act, 1955. The office is directed to register the appeals and list them for admission. S.O. to 3.5.2007.”*
*IN THE HIGH COURT OF JUDICATURE AT BOMBAY*
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO. 448 OF 2014
IN
FAMILY COURT APPEAL NO. 142 OF 2014
*Mrs. Sonia Kunwar Singh Bedi Vs. Mr. Kunwar Singh Bedi*
CORAM : *SMT.V.K.TAHILRAM NI AND SHRI. A.K.MENON, JJ.*
PRONOUNCED ON : DEC. 17, 2014
JUDGMENT: *[PER SMT. V.K.TAHILRAMANI,J.]*
Citation: *2015(1)ABR697, 2015(2)ALLMR707, 2015(1)MhLj954,AIR 2015(NOC)520 BOM*
