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satya (Manager)     15 March 2015

Limitation for appeal against the decision of family court

As per section 19 of family court act 1984 the limitation period of appeal is 30 days and as per section 28 of HMA it is 90 days.

If any principal set for this conflict by apex court?

This question may be raised that why the appeal was not filed with in limitation prescribed by family court act?

we may ask application for delay condone if appeal filed after 30 days prescribed by family court act 1984.?


 




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 6 Replies

Dr J C Vashista (Advocate)     15 March 2015

Limitation is an act passed by Parliament and not direction of Supreme Court.

satya (Manager)     15 March 2015

Please see there is conflict with in the act made by parliament family court act 1984 and HMA 

T. Kalaiselvan, Advocate (Advocate)     17 March 2015

You are referring to two  different subjects by combining  them together.  The appeal under HMA is different from an appeal under family court act.

satya (Manager)     18 March 2015

The matrimonail decided under HMA by family court. No dobout Family court act and HMA are two different rules. There are two conditions

1. where family court established

2 where family court not established.

Where family court established the decision made by family court and appeal period is 30 days.

where family court not established the decision made by civil court and appeal period is 90 days

Is this right?

Adv. Chandrasekhar (Advocate)     18 March 2015

Alway advisable to prefer appeal within 30 days.  Coming to the legal question, 90 days is the limitation for the following reasons.  1.  HMA is a specific Act, whereas Family Court Act is general Act in some way.  2.  The limitation in specific Act prevails than general Act.  3.  Even though the the provisions of latter Act (F.C. Act) prevails over than earlier Act (HM Act), due to the first reason mentioned above, 90 days prevail over 30 days. 4.  While applying the limitation principle, liberal interpretation is followed and hence 90 days limitation prevail.

Find the following Kerala HC judgment that throws some light. 


Attached File : 91170475 limitation question.doc downloaded: 332 times

satya (Manager)     20 March 2015

Surprised to know that a person on living alone for 5 years may get divorce from family court and after gettting divorce he may not marry again because right of appeal may not infringe.The high court will take 5 years more to decide the case.

Natural right of a person may infringe but The right of appeal may not infringe  


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