Published on: 10 August 2023 at 11:06 IST
Court: Supreme Court
Citation: Arunoday Singh V. Lee Anne Elton (2021)
Honourable Supreme Court of India has held that Section 20 of the Family Courts Act, 1984 has an overriding effect on the Marriage Acts such as Hindu Marriage Act, 1955 or Special Marriage Act, 1954. Thus, the period of limitation for filing an appeal from a judgment and order of a Family Court constituted under the Family Courts Act would be 30 days and not 90 days.
18. By reason of the non-obstante provision of Section 20 of the Family Courts Act giving overriding effect to the Family Courts Act, the period of limitation for filing an appeal from a judgment and order of a Family Court constituted under the Family Courts Act would be 30 days and not 90 days. The High Court thus found that the Appeal was delayed, even though the Appeal was filed well within 90 days.
19. The Appeal was under Section 19 of the Family Courts Act which is not substantive law relating to marriage and divorce but an Act for constitution of Family Courts to deal with disputes relating to marriage and family affairs. ‘
The proceedings in the Family Court relating to marriage and divorce are not proceedings under the Family Courts Act even though the procedure prescribed under the Family Courts Act may be followed. Section 29(3) of the Limitation Act is, therefore, not attracted to appeals under the Family Courts Act. Moreover, there is no inconsistency between Section 19 of Family Courts Act, 1984 and Section 5 of the Limitation Act, 1963 which provides for condonation of delay in filing an appeal where there is no sufficient cause.
Drafted By Abhijit Mishra