SEEMA VERMA Vs. ROHITASH KUMAR

JUDGEMENT

(1.) We have heard learned counsel appearing for the appellant. This Civil Misc. Appeal, under Section 28 of the Hindu Marriage Act, 1955 (for short, 'the Act'), arises out of the order passed by the Family Judge, Bharatpur dated 11.12.2014, by which he had decreed the suit of the appellant-wife for divorce under Section 13 of the Act, filed on 06.05.2013, on the ground of cruelty. He has, in the same judgment in paragraph 20, rejected the prayer for maintenance pendente lite, and permanent alimony on the ground that an application under Section 125 of the Cr.P.C. filed by her, is pending.

(2.) The office has reported the present appeal to be beyond time by 22 days, on the ground that under Section 19(3) of the Act, the limitation for filing an appeal is 30 days.

(3.) Learned counsel appearing for the appellant-wife has objected to the report on the ground that the relief for divorce was claimed under the substantive law governing the parties, namely; the Hindu Marriage Act, 1955, which provides 90 days under Section 28(4) to file an appeal against the decree.