IMPORTANT POINT
It would not be appropriate to apply different period of limitation, one in case of orders passed by Family Courts and in another by regular Civil Courts.

Naresh H. Patil, J.—A question framed by the Division Bench of this court was referred to a Larger Bench by the then Hon’ble the Acting Chief Justice of this Court. The question was framed by the Division Bench (Coram:A. S. Oka & A. S. Gadkari, JJ.) by an order dated 10/12/2014. The said question reads as under:-

“Whether an appeal under sub-section (1) of section 19 of the Family Courts Act, 1984 will be governed by the period of limitation under sub-section (3) of section 19 or whether the period of limitation provided under sub-section (4) of section 28 of the Hindu Marriage Act, 1955 will apply to such Appeal?

2. The Hindu Marriage Act, 1955 (for short “the Act of 1955) was enacted by Parliament for amending and codifying the law relating to marriage amongst Hindus. The Act of 1955 became law on 18/5/1955. The Act of 1955 was amended by Amendment Act 68 of 1976, Amendment Act 2 of 1978 and Amendment Act 50 of 2003. The proceedings under the Act of 1955 were to be instituted in District Court. Section 3(b) defines

“District Court” as under:-

“(3) Definitions.- In this Act, unless the context otherwise requires,-

(a)

(b) “district Court” means, in any area for which there is a City Civil Court, that Court, and in any other area the principal Civil Court of original jurisdiction, and includes any other Civil Court which may be specified by the State Government, by notification in the Official Gazette, as having jurisdiction in respect of the matters dealt with in this Act;”

The provision for filing of appeals from decrees and orders is prescribed under Section 28 of the Act of 1955, which reads as under:-

“28. Appeals from decrees and orders.-(1) All decrees made by the Court in any proceeding under this Act shall, subject to the provisions of sub-section (3), be appealable as decrees of the Court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in the exercise of its original civil jurisdiction.

(2) Orders made by the Court in any proceeding under this Act under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in exercise of its original civil jurisdiction.

(3) There shall be no appeal under this section on the subject of costs only.

(4) Every appeal under this section shall be preferred within a period of ninety days from the date of the decree or order.”

In Section 28(4), the Act prescribed a period of limitation of thirty days, which came to be substituted to ninety days by way of Act 50 of 2003.

3. The Family Courts Act, 1984 (for short “the Act of 1984) was enacted to provide establishment of Family Courts with a view to promote conciliation in, and secure speedy settlement of, disputes relating to marriage and family affairs and for matters connected therewith. The Act of 1984 was enacted on 14/9/1984. The said Act provides that the State Government shall, after consultation with the High Court, establish the Family Court. Section 3 of the Act of 1984 reads as under :-

“3. Establishment of Family Courts.- (1) For the purpose of exercising the jurisdiction and powers conferred on a Family Court by this Act, the State Government, after consultation with the High Court, and by notification, -

(a) shall, as soon as may be after the commencement of this Act, establish for every area in the State comprising a city or town whose population exceeds one million, a Family Court;

(b) may establish Family Courts for such other areas in the State as it may deem necessary.

(2) The State Government shall, after consultation with the High Court, specify, by notification, the local limits of the area to which the jurisdiction of a Family Court shall extend and may, at any time, increase reduce