A division bench of Delhi High Court held as follows,
From Paras 32-33,
32. Clearly 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 i.e. District Court and the Family Court respectively.
33. Thus the period of limitation for filing an appeal from an appealable order and decree of the District Court would be ninety days under section 28 of HMA and the period of limitation for filing an appeal from an appealable order and judgment of the Family Court, wherever it has been set up, would be thirty days under section 19 of the Family Courts Act.
Pallavi Mohan Vs Raghu Menon on 12 Sep 2023
Citations:
Other Sources:
https://indiankanoon.org/doc/132852916/
https://www.verdictum.in/court-updates/high-courts/limitation-period-for-filing-an-appeal-against-family-courts-order-is-thirty-days-and-delay-in-filing-can-be-condoned-if-sufficient-cause-is-shown-delhi-hc-1494654
The wife went to Supreme Court (Diary No. – 40374/2023; SLP(C) No. 024347 – / 2023)
The husband chose not to file a counter as on 22-03-2024 .
Index of All Divorce Judgments here.
Shades of Knife
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