Ms. Irum Zeba vs Prem Chandra Pandey
2023 Latest Caselaw 1309 UK

                    Office Notes,
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SL.
         Date       or directions                      COURT'S OR JUDGES'S ORDERS
No
                   and Registrar's
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      10.05.2023                     FA No. 69 of 2023
                                     Sri Vipin Sanghi, C.J.
                                     Sri Rakesh Thapliyal, J.

1. Ms. Irum Zeba, learned counsel for the appellant.

2. Learned counsel has placed reliance on the judgment of the Supreme Court in Savitri Pandey vs. Prem Chandra Pandey, (2002) 2 SCC 73, which recommended that the period for preferring an appeal against the judgment and decree passed under the Hindu Marriage Act, should be 90 days.

3. She submits that in light of the said judgment, Section 28(4) of the Hindu Marriage Act was amended by the Parliament vide Act No.50/2003, by substituting the period of limitation of thirty days with "ninety days", w.e.f. 23.12.2003.

4. She has also placed reliance on the judgment of the Kerala High Court, in the case of Viswanathan P.K. vs. Sindhu M.K., 2009 SCC OnLine Ker 4124, wherein the Division Bench of the Kerala High Court has held that the period of limitation prescribed under Section 28 (4) of the Hindu Marriage Act, would be attracted, and not the limitation prescribed under Section 19 of the Family Courts Act.

5. Issue notice to the respondent in the appeal as well as in the Stay application (IA No.01 of 2023) by all permitted modes, including electronically, returnable by 10.10.2023.

6. The appellant should remove other defects, if any, pointed out by the Registry, within two weeks.

7. Steps to be taken within a week.

8. List on 10.10.2023.

9. Till the next date, the operation of the impugned judgment and order dated 22.02.2023, passed by learned Family Court, Vikasnagar, Dehradun, in O.S. No.12 of 2022, shall remain stayed.

 (Rakesh Thapliyal, J.)        (Vipin Sanghi, C.J.)
          10.05.2023                  10.05.2023
NISHANT