The Delhi High Court (DHC) in a recent ruling expounded on the inconsistency between limitation period for filing appeal under Hindu Marriage Act, 1955 (HMA) vis-à-vis Family Courts Act, 1984 (FCA). The limitation period prescribed under the HMA is 90 days; however under the FCA it is only 30 days. Clarifying the issue the DHC propounded that the period of limitation for filing an appeal from an appealable order and decree of a District Court would be as under section 28 of HMA – 90 days, whereas wherever there are Family Courts in the territory, the same would be governed under section 19 of FCA thus, the limitation period of 30 days will be applicable.
