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1985 Supreme(Ker) 142

K.BASKARAN, BHASKARAN NAMBIAR, FATHIMA BEEVI
YESODA – Appellant
Versus
NARAYANAN – Respondent


Judgment :-

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













































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