ASHUTOSH KUMAR Vs. ANJALI SRIVASTAVA

JUDGEMENT

(1.) THIS is husband's appeal. He had initiated proceedings under Section 13 of the Hindu Marriage Act, 1955 for divorce. In the said proceedings issues were framed and the issue No. 3 happened to be with regard to jurisdiction of the Family court, Allahabad. This issue has been decided as a preliminary issue vide impugned judgment and order dated 19-11-2008 and it has been held that the Court at Allahabad has no jurisdiction and therefore plaint be returned for presentation to proper court of jurisdiction.

(2.) THE appeal was presented before the registrar General on 18-2-2009 whereupon the office reported it to be beyond limitation by 53 days as under Section 19 of the family Court Act, 1984 the limitation provided for presenting the appeal is 30 days only. Against this report the appellant has preferred objections contending that basically the appeal is under Section 28 of the Hindu marriage Act wherein the limitation provided is 90 days and therefore the appeal is within time and the report submitted by the Stamp reporter treating the appeal to be under family Court Act, 1984 is incorrect.

(3.) WE have heard Sri Siddhartha srivastava in support of the above objections. His submission is that the appeal is under Section 28 of the Hindu Marriage Act read with Section 19 of the Act. Therefore, as the limitation for preferring an appeal under Section 28 of the Hindu Marriage Act is 90 days and that being the special act, the limitation provided therein would prevail over the one which has been prescribed under the Family Courts Act and as such the report of the Stamp Reporter is incorrect.