PRAMILA DAS Vs. GOURAHARI DAS

JUDGEMENT

(1.) The Appeal was sought to be moved on 4/10/2023. We had, by our order made on that date raised query. Paragraph-2 of order dtd. 4/10/2023 is reproduced below.

(2.) Mr. Samantaray, learned advocate appearing for appellant-wife and learned Amicus Curiae submit, a Full Bench of this Court has answered the question on reference by order dtd. 26/9/2023 in MATA no.54 of 2020 (Bibhuti Bhsuan Rout vs. Sasmita Nayak and another). By it view taken was, appeal from order of the Family Court has prescribed period of 30 days while that made by any other court subordinate for appeal to the High Court, it is 90 days.

(3.) Learned Amicus Curiae submits, prescribed period for preferring appeal from order made under Hindu Marriage Act, 1955 was initially 30 days. The period has direct nexus with provision in Sec. 15, restricting a person to get married within the prescribed period in which an appeal could be preferred from a decree of divorce. It was felt that this period was too short and hence, there was amendment enlarging the prescribed period to 90 days. However, Family Court Act, 1984 was enacted with prescribed period in Hindu Marriage Act, 1955 at that time being 30 days. Subsequent amendment in Hindu Marriage Act, 1955 enlarging the prescribed period has not been made in Family Courts Act, 1984. Hence, paragraph-14 in Bibhuti Bhusan Rout (supra). We reproduce below the paragraph.