KUNNARATH YESODA Vs. MANATHANATH NARAYANAN

JUDGEMENT

(1.) The short question that arises for determination in this appeal, under the Hindu Marriage Act, is whether the appellant is entitled to exclude the time taken to obtain a certified copy of the decree of the lower court, for filing the appeal Can S.12(2) of the Limitation Act be invoked by the appellant

(2.) The appellant is the wife who married the respondent in 1972. They have a daughter born on 30-5-1973. In 1978, the husband filed a petition under S.13 of the Hindu Marriage Act for dissolution of the marriage on the grounds of desertion and cruelty. A decree for divorce was granted by the lower court on 25-1-1980. The appellant applied for copy, on 30-1-1980. He received the copy on 29-3-1980 and filed this appeal on 8-4-1980. The appeal has been filed beyond thirty days of the date of the decree; but is within time if time taken to obtain the certified copy is deducted. Is this appeal within time or out of time

(3.) The learned counsel for the husband respondent, Shri T. V. Ramakrishnan, submits that the appeal is barred by time. He contends that the Limitation Act does not apply in view of S.29(3) of the Limitation Act and adds that if the time for filing an appeal has expired without any appeal having been presented, it was lawful for the husband to marry again and if the statute permits him to marry under these circumstances, it could not be a date varying from case to case but a date which Is definite, exact and precise. He brings to our notice that the husband has in fact remarried on 5-4-1980 and he has a child through her. Shri K.P. Sreekumar, counsel for the appellant, submits that S.12 of the Limitation Act applies and that the appeal has been filed within time.