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A. J. DESAI, RAJENDRA M. SAREEN
Chaudhary Chetnaben Dilipbhai – Appellant
Versus
Chaudhary Dilipbhai Lavjibhai – Respondent
ORDER :
A.J. Desai, J.
1. By way of present application filed under Section 5 of the Limitation Act, present applicant – original respondent – wife has prayed to condone the delay of seven days in filing the captioned first appeal.
2. Rule was issued by the Coordinate bench of this Court on 06.07.2022. In response to the notice issued by this Court, Mr. Bhishma A. Rawal appeared for the respondent but he has not filed affidavit-in-reply in the matter.
3. It is the case of the applicant that since the Registry of this Court has raised objection with regard to delay of seven days in filing the captioned first appeal and therefore, present applicant is compelled to file this application for condonation of delay though, as per her case, there is no delay in filing the captioned first appeal in view of the provisions of Section 28(4) of the Hindu Marriage Act, which provides the limitation of 90 days in filing the appeal challenging the judgment and order passed by the Court in the matrimonial proceedings.
4. Short facts arise from the record are that present respondent - husband has filed an application under Section 13 of the Hindu Marriage Act, 1955 for a decree of divorce on the ground t
The main legal point established in the judgment is that the time limit for filing an appeal challenging the judgment and order passed by the Family Court under the provision of the Hindu Marriage Ac....
Appeal – Period of limitation for filing appeal from appealable order and decree of District Court would be ninety days under section 28 of HMA and period of limitation for filing appeal from appeala....
Appeal – Period of limitation for filing appeal from appealable order and decree of District Court would be ninety days under section 28 of HMA and period of limitation for filing appeal from appeala....
The court clarified that the limitation period for appeals under Section 19(3) of the Family Courts Act is 30 days, overruling prior interpretations suggesting 90 days, to uphold the legislative inte....
The court emphasized a liberal approach to condonation of delay in appeals, especially when the delay is short and sufficient cause is shown.
Appeal – Limitation – Pragmatic and justice-oriented approach is required in adjudication of such application for condonation of delay – Delay of 21 days cannot be termed to be inordinate one.
Under Order IX, Rule 13 of Code of Civil Procedure, court has to find out whether erring party has made out sufficient cause for setting aside ex-parte decree.
When there is a special enactment prescribing period of limitation, just like Section 28(4) of Hindu Marriage Act, 1955 and Section 39(4) of Special Marriage Act, 1954 enacted later in point of time,....
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