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IN THE HIGH COURT OF ORISSA AT CUTTACK
S.TALAPATRA, C.J., K.R.MOHAPATRA, S.K.PANIGRAHI
Bibhuti Bhusan Rout – Appellant
Versus
Sasmita Nayak – Respondent
| Table of Content |
|---|
| 1. introduction of case and judges involved (Para 1 , 2) |
| 2. limitations for appeals under family courts act (Para 3 , 4 , 5) |
| 3. constitutional provisions and overriding effect of family courts act (Para 6 , 7 , 8 , 9) |
| 4. supreme court's directive on limitation periods (Para 10 , 11) |
| 5. final ruling on appeal limitation (Para 12) |
| 6. acknowledgment of disparities and concluding remarks (Para 13 , 14 , 15) |
ORDER :
1. This matter is taken up through Hybrid Mode.
2. Heard Mr. Gautam Mukherji, learned Senior Counsel, Mr. Gautam Misra, learned Senior Counsel, Mr. Samir Kumar Mishra, learned Senior Counsel, Mr. Prafulla Kumar Rath, learned Senior Counsel and Ms. Pami Rath, learned Senior Counsel, Ms. Deepali Mohapatra, learned counsel appearing for the Appellant and Mr. Suryakanta Dwibedi, learned counsel appearing for the Respondents. This reference has emerged from the matrimonial appeal being MATA No.54 of 2020.
3. By the order dated 15th May, 2023 passed in MATA No.54 of 2020, titled as Bibhuti Bhusan Rout v. Sasmita Nayak and another , a Division Bench of this Court, has taken note of the decision of Smt. Swarnalata Nayak @ Nahak @ Lily v. Manoj Kumar Nahak and Ratnamala Nahak
The court clarified that the limitation period for appeals under Section 19(3) of the Family Courts Act is 30 days, overruling prior interpretations suggesting 90 days, to uphold the legislative inte....
Appeal – Period of limitation for filing appeal from appealable order and decree of District Court would be ninety days under section 28 of HMA and period of limitation for filing appeal from appeala....
The main legal point established in the judgment is that the time limit for filing an appeal challenging the judgment and order passed by the Family Court under the provision of the Hindu Marriage Ac....
Appeal – Limitation – Pragmatic and justice-oriented approach is required in adjudication of such application for condonation of delay – Delay of 21 days cannot be termed to be inordinate one.
The court emphasized a liberal approach to condonation of delay in appeals, especially when the delay is short and sufficient cause is shown.
When there is a special enactment prescribing period of limitation, just like Section 28(4) of Hindu Marriage Act, 1955 and Section 39(4) of Special Marriage Act, 1954 enacted later in point of time,....
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