(1) The short question that falls for determination in this appeal is whether Section 5 of the Jammu & Kashmir Limitation Act, 1995 applies to appeals u/s 34 of the .Jammu & Kashmir Hindu Marriage Act, 1980, hereinafter to be referred to as the Act.

(2) The appellant Pushpa Devi lost her petition u/s 12 of the Act in the court of District Judge, Jammu, on 24-2-1981 and offered an appeal against the aforesaid judgment in the High Court on 2-5-1981. Since it was beyond thirty days, the period of limitation provided for it by Section 34 of the Act, she also moved an application u/s 5 of the Limitation Act, seeking condonation of the delay on various grounds. When this application came up for consideration before Honble the Acting Chief Justice an objection was taken on behalf of the respondent that Section 5 of the Limitation Act was not applicable to appeals u/s 34 of the Act, which itself prescribed period of limitation for appeals, as its application to such appeal was clearly excluded by Section 29 of the Limitation Act. Reliance was also placed upon a Single Bench decision of this court in Sureshta Devi Vs. Omkar Lal, 1981 K. L. J. 427. The learned Acting Chief Justic