LAWS(DLH)-1978-4-8

CHANDER DEV CHADHA Vs. RANI BALA

Decided On April 25, 1978
CHANDER DEV CHADHA Appellant
V/S
RANI BALA Respondents

JUDGEMENT

(1.) These are three appeals under the Hindu Marriage Act. F.A.O. 20 of 1973 is wife's appeal against the decree of divorce passed in favour of the husband. F.A.O. 13 of 1978 is the husband's appeal against the decree refusing him restitution of conjugal rights. F.A.O. 14 of 1978 is again a husband's appeal against an order denying him custody of children.

(2.) The question before us is whether these appeals are barred by time. The Registry has raised an objection that they are out of time.

(3.) In all three cases the appeallants applied for certified copy of the judgment, decree or order passed by the trial court as was the case. After they had obtained these they filed appeals. If the time requisite for obtaining the copy of the decree or order is excluded. the appeals were filed within 30 days and are well within time; but if in law it could not be excluded, the appeals would certainly be out of time. The respondents contend before us that the appellants are not entitled in law to exclude the time so taken by them in obtaining a copy of the decree or order of the trial court. The only question, therefore, is whether for the purpose of computing the period of 30 days prescribed under s. 28 (4) of the Hindu Marriage Act the provisions of s. 12 of the Limitation Act can be invoked.