LAWS(BOM)-2014-12-97

SONIA KUNWAR SINGH BEDI Vs. KUNWAR SINGH BEDI

Decided On December 17, 2014
Sonia Kunwar Singh Bedi Appellant
V/S
Kunwar Singh Bedi Respondents

JUDGEMENT

(1.) What is the period of limitation for preferring an Appeal against a final order passed by the Family Court Is it 90 days as stipulated in Section 28(4) of the Hindu Marriage Act, 1955 vide amendment by Act 50 of 2003 which had come into force with effect from 23.12.2003 or is it 30 days as stipulated under Section 19(3) of the Family Courts Act This is the only question which arises for consideration before us in this application.

(2.) A brief reference to the vital facts in the background of which this question arises appears to be necessary and they are as under:

(3.) The applicant-wife has preferred present Civil Application No. 448 of 2014 in Family Court Appeal No. 142 of 2014 raising the ground that as the Family Court Appeal No. 142 of 2014 was not filed within 30 days as provided under Section 19 of the Family Courts Act, the Family Court Appeal is barred by law of limitation and the same be rejected.