PALLAVI MOHAN Vs. RAGHU MENON

JUDGEMENT

(1.) Appellant impugns judgment dtd. 11/4/2019 passed by the Principal Judge, Family Court Saket whereby the Divorce Petition filed by the Respondent under Sec. 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 Courts Act, 1984, the same should have been filed within a period of 30 days as provided under Sec. 19(3) of the said Act.

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