LAWS(JHAR)-2023-3-14

RINA DEVI Vs. ANURAG PRATIK

Decided On March 22, 2023
Rina Devi Appellant
V/S
Anurag Pratik Respondents

JUDGEMENT

(1.) Learned counsel Mr. Bhaskar Trivedi enters appearance on behalf of the respondent and undertakes to file vakalatnama during course of the day. He is permitted to do so. Let his name be reflected in the cause list, henceforth for the respondent.

(2.) The Office has pointed at a delay of 36 days counting the period of limitation as 30 days under Sec. 19(3) of the Family Courts Act, 1984. However, since the appeal arises out of a suit instituted under the Hindu Marriage Act, 1955, the appeal would be governed by the period of limitation of 90 days in terms of Sec. 28(4) of the Hindu Marriage Act, 1955 in view of the order dtd. 16/12/2020 passed by this Court in F.A. No. 49 of 2019. As such, there is no delay. I.A. No. 5439 of 2020 is disposed of.

(3.) Learned counsel for the parties agree that an effort for amicable settlement of the matrimonial dispute may be explored at the appellate stage at JHALSA.