The main legal point established in the judgment is that S.12(2) of the Limitation Act applies to appeals under the Hindu Marriage Act, and the time taken to obtain a certified copy of the decree should be excluded for filing the appeal.

1. The short question that arises for determination in this appeal, under the Hindu Marriage Act, is whether the appellant is entitled to exclude the time taken to obtain a certified copy of the decree of the lower court, for filing the appeal? Can S.12(2) of the Limitation Act be invoked by the appellant?

2. The appellant is the wife who married the respondent in 1972. They have a daughter born on 30-5-1973. In 1978, the husband filed a petition under S.13 of the Hindu Marriage Act for dissolution of the marriage on the grounds of desertion and cruelty. A decree for divorce was granted by the lower court on 25-1-1980. The appellant applied for copy, on 30-1-1980. He received the copy on 29-3-1980 and filed this appeal on 8-4-1980. The appeal has been filed beyond thirty days of the date of the decree; but is within time if time taken to obtain the certified copy is deducted. Is this appeal within time or out of time?

3. The learned counsel for the husband-respondent, Shri T. V. Ramakrishnan, submits that the appeal is barred by time. He contends that the Limitation Act does not apply in view of S.29(3) of the Limitation Act and adds that if the time for filing an appeal has expired without any appeal having been presented, it was lawful for the husband to marry again and if the statute permits him to marry under these circumstances, it could not be a date varying from case to case but a date which Is definite, exact and precise. He brings to our notice that the husband has in fact remarried on 5-4-1980 and he has a child through her. Shri K.P. Sreekumar, counsel for the appellant, submits that S.12 of the Limitation Act applies and that the appeal has been filed within time.

4. Decree of divorce is appealable under S.28 of the Hindu Marriage Act'as decrees of the court made in the exercise of its original civil jurisdiction and every such appeal shall lie to the court to which appeals ordinarily lie from the decision of the court given in the exercise of its original civil jurisdiction. S.28(4) prescribes the period of limitation. It provides:

"Every appeal under this section shall be preferred within a period of thirty days from the date of the decree or order"

5. S.29(3) of the Limitation Act is pressed into service for contending that the Limitation Act is wholly inapplicable to proceedings with respect to marriage and divorce. It is necessary therefore to extract S.29(2) and (3) of the Limitation Act.

"29. Savings:

(1) xxx

(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 S.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 S.4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law.

(3) Save as otherwise provided in any law of the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law".

6. There is no doubt and no dispute either that the Hindu Marriage Act is a special law. The special law has not expressly excluded S.4 to 24 of the Limitation Act. S.29(2) of the Limitation Act therefore makes S.4 to 24 of that Act applicable to the Hindu Marriage Act.

7. The next question is whether S.29(2) itself is excluded in view of S.29(3). While interpreting the two clauses of the same section, it is a salutary principle of statutory interpretation that the attempt should be to give a harmonious construction keeping in view, both the legislative intent, and the statutory content so that there is mutual co-existence and meaningful relevance for both the clauses.

8. S.29(3) of the Limitation Act, excludes the application of the Limitation Act itself to any