Pallavi Mohan alias Pallavi Menon VS Raghu Menon

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SANJEEV SACHDEVA, VIKAS MAHAJAN
Pallavi Mohan alias Pallavi Menon – Appellant
Versus
Raghu Menon – Respondent

Counsel for the Parties:
For the Appellant:Mr. Vineet Jhanji & Mr. Imran Moulaey, Advocates
For the Respondent:Ms. Suman Arora, Advocate.

JUDGMENT

Sanjeev Sachdeva, J.—Appellant impugns judgment dated 11.04.2019 passed by the Principal Judge, Family Court Saket whereby the Divorce Petition filed by the Respondent under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as the HMA) has been allowed.

2. A preliminary objection has been raised by the Respondent that the appeal is barred by limitation. It is contended by learned counsel for the Respondent that as the appeal has been filed under the Family Court Act, 1984, the same should have been filed within a period of 30 days as provided under section 19(3) of the said Act.

3. Per contra, the contention of the Appellant is that the appeal has been filed under Section 28 of HMA, wherein the period of limitation prescribed is 90 days.

4. The questions that arises for consideration is as to what is the period of limitation for filing an appeal against a decree or order passed by a Family Court under the Hindu Marriage Act, 1955?

5. In the present case arguments were heard only on the preliminary objection and not on merits and as such the factual matrix of the case is being referred only to give context to the submissions made by the parties.

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SANJEEV SACHDEVA, VIKAS MAHAJANPallavi Mohan alias Pallavi Menon – AppellantVersusRaghu Menon – Respondent

Cases Referred (3)

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