JOSE Vs. MARY SHIJI

JUDGEMENT

(1.) What is the period of limitation for preferring an appeal against an order passed by the Family Court under Section 10 of the Divorce Act Is it 90 days as stipulated in Article 116 of the Limitation Act or is it 30 days as stipulated under Section 19(3) of the Family Courts Act These are the questions that arise for consideration in this appeal at this stage.

(2.) The appellant claimed divorce under Section 10 of the Divorce Act on the ground of adultery. That claim was rejected and O.P. No. 1013/2006 filed by the appellant was dismissed by the Family Court by the impugned judgment dated 5.5.2010. It appears that free copy of the order was not furnished to the appellant and the appellant, hence, applied for certified copy on 7.5.2010, obtained the same on 21.5.2010 and filed this appeal on 23.6.2010. If the period of limitation is 90 days as stipulated under Article 116 of the Limitation Act, the appeal is within time. If on the contrary, the appellant has only 30 days time as stipulated under Section 19(3) of the Family Courts Act this appeal is barred by limitation. No application for condonation of delay has been filed. It is in this context that the Registry has raised an objection and the matter has come up before us for hearing on the objections.

(3.) We heard the learned Counsel for the appellant. Notice has not been issued to the respondent. Considering the nature of the question raised, we felt that competent independent assistance was necessary. In these circumstances, we requested Advocate Dr. Sebastian Champappilly to assist the court as Amicus Curiae. Detailed arguments have been advanced. At the very outset we record our appreciation for the efforts taken by Dr. Sebastian Champappilly to assist us as Amicus Curiae. The learned Counsel for the appellant Sri. M.P. Liju has also advanced detailed arguments.