VINEESH Vs. SHIJI MUKUNDAN

JUDGEMENT

(1.) This is an application to condone the delay of 15 days in fling the appeal.

(2.) As directed by us, the registry calculated the delay and reported it as 15 days. Learned counsel appearing for the respondent opposed the same and submitted that the delay in filing the appeal is more than 15 days. The impugned judgment was pronounced on 23/11/2019. Since the appeal was from a decree passed under the Hindu Marriage Act, 1955, as per Sec. 28(4) of the said Act, the period of limitation is 90 days from the date of the decree or order, though the appeal period prescribed under Sec. 19(3) of the Family Courts Act, 1984 is only 30 days from the date of the judgment. The Family Courts Act was enacted in the year 1984. Though the Hindu Marriage Act was enacted in the year 1955, the amendment to Sec. 28(4) of the said Act was enacted later in the year 2003. Like wise though the Special Marriage Act was enacted in the year 1954, amendment to Sec. 39(4) of the said Act was enacted in the year 2003. When there is a special enactment prescribing the period of limitation, just like Sec. 28(4) of the Hindu Marriage Act, 1955 and Sec. 39(4) of the Special Marriage Act, 1954 enacted later in point of time, the period of limitation in those enactments would prevail over the period of limitation prescribed under Sec. 19(3) of the Family Courts Act, 1984 (reliance placed on the decision in Viswanathan P.K vs. Sindhu M.K reported in 2009 (4) KHC 307).

(3.) The impugned judgment was delivered on 23/11/2019. The appellant applied for certified copy of the judgment on 7/12/2019 and got its delivery on 16/12/2019. So, that period will be exempted from the original period of limitation of 90 days. Due to the outbreak of Covid-19 pandemic in March 2020, the Apex Court took suo moto cognizance of the difficulties faced by the litigants in filing petitions/ applications/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limitation or under any special laws (both Central and/or State). As per the order of the Apex Court in Miscellaneous Application No.665 of 2021 in SMW(C) No.3 of 2020 dtd. 23/9/2021, it was directed that in computing the period of limitation for any suit, appeal, application or proceedings, the period from 15/3/2020 till 2/10/2021 shall stand excluded. The appellant presented the Mat.Appeal before this Court on 4/8/2021. Excluding the period of limitation prescribed under the Hindu Marriage Act and the period taken for getting certified copy of the judgment, and also excluding the period as directed by the Apex Court due to outbreak of Covid-19 pandemic, the delay is only 15 days. So, the calculation of delay by the registry is found correct and the contention of the respondent in that regard is found untenable. Since the delay is only 15 days, and on being convinced of the grounds stated in the affidavit filed along with this application, we are inclined to condone the delay.