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2021 Supreme(Ker) 898

A.MUHAMED MUSTAQUE, SOPHY THOMAS
Vineesh – Appellant
Versus
Shiji Mukundan – Respondent


Advocate Appeared:
For the Petitioner: P.T. Sheejish, P.K. Purush, M. Harikiran, P. Sreelakshmi, A.Abdul Rahman, Jashitha Vijayan, Akhila Sridharan, Stephy Grace Raj, P.P. Ravoof
For the Respondent:Celine Joseph, Maneesha Joy Advocates.

ORDER :

Sophy Thomas, J.

This is an application to condone the delay of 15 days in fling the appeal.

2. As directed by us, the registry calculated the delay and reported it as 15 days. Learned counsel appearing for the respondent opposed the same and submitted that the delay in filing the appeal is more than 15 days. The impugned judgment was pronounced on 23.11.2019. Since the appeal was from a decree passed under the Hindu Marriage Act, 1955, as per Section 28(4) of the said Act, the period of limitation is 90 days from the date of the decree or order, though the appeal period prescribed under Section 19(3) of the Family Courts Act, 1984 is only 30 days from the date of the judgment. The Family Courts Act was enacted in the year 1984. Though the Hindu Marriage Act was enacted in the year 1955, the amendment to Section 28(4) of the said Act was enacted later in the year 2003. Like wise though the Special Marriage Act was enacted in the year 1954, amendment to Section 39(4) of the said Act was enacted in the year 2003. When there is a special enactment prescribing the period of limitation, just like Section 28(4) of the Hindu Marriage Act, 1955 and Section 39(4) of the Special Marriag

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