FA/131/2022
2022 Latest Caselaw 2052 UK

               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                   COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 FA No. 131 of 2022
                                 Hon'ble S.K. Mishra, J.

Hon'ble R.C. Khulbe, J.

Mr. Sagar Kothari, the learned counsel for the appellant.

Heard.

Perused the office note. The office has reported that there is 26 days delay in preferring the appeal. However, this Court, on a joint reading of Section 19 of the Family Court Act, 1984 and Section 28 of the Hindu Marriage Act, 1955, reaches us to a conclusion that the limitation for challenging the judgment and decree passed by the learned Judge, Family Court is 90 days.

Hence, there is no delay in this case. Therefore, the office note is overruled.

Admit.

Issue notice to the respondent. Postal requisites for issuance of notice be filed within seven days. Notice issued returnable by four weeks.

Call for the scanned copy of the TCRs. (both hard and soft).

Matter be listed on 26.08.2022. In the interim, operation of the impugned judgment and decree dated 05.05.2022, passed by the learned Principal Judge, Family Court, Dehradun, in Suit No. 906/2019 shall remain stayed.

Stay application IA No. 1 of 2022 stands disposed of.

(R.C. Khulbe, J.) (S.K. Mishra, J.) 08.07.2022

PV