The main legal point established in the judgment is the applicability of S.5 of the Limitation Act to appeals under the Hindu Marriage Act.

1. This petition is by the appellant in the appeal which has been filed from the decree of the District Judge, Manjeri allowing the respondent's application for dissolving the marriage between them under the Hindu Marriage Act. The petition purports to be under S.5, Limitation Act and seeks to condone the delay of 60 days in filing the appeal on the ground that she was under the bona fide impression, caused by the advice of her lawyer at Manjeri, that limitation for the appeal was 90 days and that it was when she met her lawyer at Ernakulam that she was advised that the time for appeal was only 30 days. In addition to her own affidavit the petitioner has produced an affidavit sworn by her lawyer at Manjeri that he had advised her that there were 90 days for filing the appeal and that he realised the mistake only later when it was pointed out by the Advocate at Ernakulam and he referred to the relevant provision in the Hindu Marriage Act. In the light of this latter affidavit which was occasioned by the respondent's attempt to undervalue the petitioner's unsupported affidavit, I am satisfied that there was sufficient cause - if S.5 of the Limitation Act applied - to condone the delay.

2. That leads to the respondent's further objection that S.5 of the Limitation Act 1963 - the 1963 Act for short - does not apply at all to appeals under the Hindu Marriage Act and that the petition has to be dismissed on that short ground. This objection, which was his principal objection requires to be considered in detail. S.29(2) and (3) of the 1963 Act read:

(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 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 for 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.

(4) "

The corresponding sub-sections (2) and (3) of S.29 of the Limitation Act, 1908 (the 1908 Act) might be quoted for comparison:

(1)

(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefor by the First Schedule, the provisions of S.3 shall apply, as if such period were prescribed therefor in that Schedule, and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law -

(a) the provisions contained in S.4, S.9 to 18, and S.22 shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law; and

(b) the remaining provisions of this Act shall not apply.

(3) Nothing in this Act shall apply to suits under the Indian Divorce Act.

(4) "

Sub-section (2) of S.29 of the 1963 Act is materially different from its predecessor in the 1908 Act and the difference has been thus explained in Mangu Ram v. Delhi Municipality, AIR. 1976 SC 105 at 108:

"Whereas under the Indian Limitation Act, 1908 S.29, sub-section (2), cl. (b) provided that for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law the provisions of the Indian Limitation Act, 1908, other than those contained in S.4, 9 to 18 and 22, shall not apply and, therefore, the applicability of S.5 was in clear and specific terms excluded. S.29, sub-section (2) of the Limitation Act, 1963 enacts in so many terms that for the purpose of determining the period of limitation prescribed for any suit, appeal or applicat