AIR 2009 ALLAHABAD 100 ::2009 (3) All LJ 370 ::2009 (3) ALJ 370 ::2009 A I H C 2203 ::(2010) 1 HinduLR 140 ::2009 (75) All LR 200 ::(2009) 2 All WC 1703 ::2009 (2) DMC 866 ::(2009) 78 AllIndCas 710 (ALL) ::2009 (78) AllIndCas 710

Allahabad High Court

Hon'ble Judge(s): S. K. Singh, Pankaj Mithal , JJ

Family Court Act (66 of 1984) , S.19— Hindu Marriage Act (25 of 1955) , S.28— Appeal - Limitation - Would be 30 days as prescribed u/S.19 of Family Courts Act and not 90 days as prescribed under Hindu Marriage Act - Family Courts Act being special Act would override provisions of S.28 of Hindu Marriage Act. The limitation provided under the Family Courts Act would prevail over the one which has been provided under the Hindu Marriage Act for the simple reason that the Family Courts Act is in the form of super legislation vis-a-vis the Hindu Marriage Act. Insofar as procedure for settling family/matrimonial disputes is concerned, S. 20 of Family Courts Act in this regard specifically provided that in event of inconsistency between provisions of that Act or any other law for the time being in force, the provisions of Family Courts Act shall prevail. Accordingly, where the family courts have been established and a judgment and order is passed by it, the appeal against such judgment and order would be one under S. 19 of Family Courts Act and the provisions of S. 28 of Hindu Marriage Act insofar as it provides for filing an appeal pales into insignificance and stand superseded by S. 19 of Family Courts Act. Therefore, the plea that the limitation for filing the appeal should be treated as 90 days cannot be accepted and period of limit....