Section 12(2) of the Limitation Act, 1963 applies to appeals under the Hindu Marriage Act and, therefore, the time requisite for obtaining a copy of the decree or order appealed from shall be excluded in computing the period of limitation.

( 1 ) THESE are three appeals under the Hindu Marriage Act. F. A. O. 20 of 1973 is wife s appeal against the decree of divorce passed in favour of the husband. F. A. O. 13 of 1978 is the husband s appeal against the decree refusing him restitution of conjugal rights. F. A. O. 14 of 1978 is again a husband s appeal against an order denying him custody of children.

( 2 ) THE question before us is whether these appeals are barred by time. The Registry has raised an objection that they are out of time.

( 3 ) IN all three cases the appeallants applied for certified copy of the judgment, decree or order passed by the trial court as was the case. After they had obtained these they filed appeals. If the time requisite for obtaining the copy of the decree or order is excluded. the appeals were filed within 30 days and are well within time; but if in law it could not be excluded, the appeals would certainly be out of time. The respondents contend before us that the appellants are not entitled in law to exclude the time so taken by them in obtaining a copy of the decree or order of the trial court. The only question, therefore, is whether for the purpose of computing the period of 30 days prescribed under s. 28 (4) of the Hindu Marriage Act the provisions of s. 12 of the Limitation Act can be invoked.

( 4 ) THE respondents chief objection in limine is that under s. 28 (4) of the Hindu Marriage Act an appeal has to be preferred within 30 days from the date of the decree or order and the Limitation Act 1963 does not apply to marriage and divorce laws, therefore, the appellants are not entitled to exclude the period spent in obtaining copies. Unhindered by authority we were minded to rebuff this objection by a simple answer. We would say that if Limitation Act 1963 did not apply to the Hindu Marriage Act s. 3 of the Limitation Act also would n,ot apply. By what authority would a court then dismiss an appeal preferred after the prescribed period of 30 days ? Now the result would be that although an appeal may be barred by limitation it would not be liable to be dismissed under s. 3 Limitation Act. We thought such was the incontestable logic of the argument. (See Canara Bank. Bombay Vs. Warden Insurance Co. Ltd. , Bombay AIR 1953 Bom 35) (l ).

( 5 ) BUT counsel for the respondents invited our attention to a decision of a learned single judge of this Court in Smt. Tara Seth v. Shri Dharamvir Seth, FAO 100 of 1977 decided on 3-1-1978 (2 ). There it was held that Limitation Act 1963 did not apply to the Hindu Marriage Act by reason of the provision contained in subsection (3) of s. 29 of the Limitation Act and therefore the appeal had to be filed within 30 days. The wife was held not entitled to invoke the provisions of s. 12 (2) and s. 5 of Limitation Act. Her appeal, which was otherwise within time if days spent in obtaining copies had been excluded, was dismissed as time-barred. It is the correctness of this view that is challenged before us by the appellants.

( 6 ) THE two material provisions we may notice at once. One is sec. 28 (4) of the Hindu Marriage Act which says :

"every appeal under this section shall be preferred within a period of thirty days from the date of decree or order. "the other is s. 29 (2) and (3) of the Limitation Act 1963 which reads :

"29. (1 ). . . . . . . (2) Where any special or local law prescribes for any suit. appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to extent to which, they are not expressly excluded by such special or local law. (3) Save as otherwise provided in any law for the time being in force with respect to