V.K.Tahilramani, J.—What is the period of limitation for preferring an Appeal against a final order passed by the Family Court? Is it 90 days as stipulated in Section 28(4) of the Hindu Marriage Act, 1955 vide amendment by Act 50 of 2003 which had come into force with effect from 23.12.2003 or is it 30 days as stipulated under Section 19(3) of the Family Courts Act? This is the only question which arises for consideration before us in this application.

2 A brief reference to the vital facts in the background of which this question arises appears to be necessary and they are as under:

The applicant and the respondent are both Hindus and were married as per Hindu Vedic rites and ceremonies. Thereafter disputes arose between the parties and the applicant-wife filed Petition A-849 of 2011 before the Family Court at Mumbai seeking divorce on the ground of cruelty. The respondent-husband filed Petition No. D68 of 2011 for custody of 2 minor daughters. Both the petitions were disposed of by common judgment and order dated 10.12.2013. By the said judgment and order Petition A-849 of 2011 was allowed and Petition D-68 of 2011 was dismissed. The respondent-husband 2 of 23 has preferr