R. Basant, J.

What is the period of limitation for preferring an appeal against an order passed by the Family court under S.10 of the Divorce Act? Is it 90 days as stipulated in Article 116 of the Limitation Act or is it 30 days as stipulated under S.19(3) of the Family Courts Act? These are the questions that arise for consideration in this appeal at this stage.

2. The appellant claimed divorce under S.10 of the Divorce Act on the ground of adultery. That claim was rejected and O.P.No.1013/2006 filed by the appellant was dismissed by the Family Court by the impugned judgment dated 5.5.2010. It appears that free copy of the order was not furnished to the appellant and the appellant, hence, applied for certified copy on 7.5.2010, obtained the same on 21.5.2010 and filed this appeal on 23.6.2010. If the period of limitation is 90 days as stipulated under Art.116 of the Limitation Act, the appeal is within time. If on the contrary, the appellant has only 30 days time as stipulated under S.19(3) of the Family Courts Act this appeal is barred by limitation. No application for condonation of delay has been filed. It is in this context that the Registry has raised an objection and the matter has come up before us for hearing on the objections.

3. We heard the learned counsel for the appellant. Notice has not been issued to the respondent. Considering the nature of the question raised, we felt that competent independent assistance was necessary. In these circumstances, we requested Advocate Dr. Sebastian Champappilly to assist the court as Amicus Curiae. Detailed arguments have been advanced. At the very outset we record our appreciation for the efforts taken by Dr. Sebastian Champappilly to assist us as Amicus Curiae. The learned counsel for the appellant Sri.M.P. Liju has also advanced detailed arguments.

4. The appellant’s claim for divorce is founded on the substantive provisions available under S.10 of the Divorce Act. Ss.45 and 55 of the Divorce Act assume relevance in this context. We extract them below:

S.45. Code of Civil Procedure to apply.- Subject to the provisions herein contained, all proceedings under this Act between party and party shall be regulated by the Code of Civil procedure, 1908 (5 of 1908).

S.55. Enforcement of, and appeal from, orders and decrees. All decrees and orders made by the court in any suit or proceeding under this Act shall be enforced and may be appealed from, in the like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction are enforced and may be appealed from, under the laws, rules and orders for the time being in force:

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No appeal as to costs – Provided that there shall be no appeal on the subject of costs only.

The above provisions have to be read along with S.96(1) of the Civil Procedure Code which also we extract below

S.96. Appeal from original decree:- (1) Save where otherwise expressly provided in the body of this Code or by any other law for the time being in force, an appeal shall lie from every decree passed by any court exercising original jurisdiction to the Court authorized to hear appeals from the decisions of such Court.

5. We must immediately refer to S.12 of the Kerala Civil Courts Act, which again is extracted below:

12. Appeal from decrees and orders of District Court or Subordinate Judge’s Court.-

Save as provided in Section 13 regular and special appeals shall, when such appeals are allowed by law, lie from the decrees or orders of a District Court or a Subordinate Judge’s Court to the High Court.

All these provisions will have to be read along with S.7 of the Family Court Act and Art.116 of the Limitation Act. Art.116 prescribes 90 days to be the period of limitation from the date of the decree or order when the appeal is to the High Court.

6. A Conjoint reading of the above provisions have leave no semblance of doubt in the mind of the court that under the Divorce Act, the period of limitation prescribed is 90