Family Courts Not Available In All Districts, 30-Day Limitation To Appeal Under FC Act v/s 90 Days Under HMA Can Prejudice Litigants: Gauhati HC
1 month, 1 week ago

Family Courts Not Available In All Districts, 30-Day Limitation To Appeal Under FC Act v/s 90 Days Under HMA Can Prejudice Litigants: Gauhati HC

Live Law  

The Gauhati High Court recently allowed an application seeking condonation of a 21-day delay in filing an appeal against a family court's order, after noting that this 21-day delay which was already beyond the prescribed 30-day limitation period as prescribed under the family court's act may not classify as “barred by limitation”. After the Supreme Court's ruling in Savitri Pandey v. Prem Chandra Pandey Section 28 HMA was amended in 2003 and the period of limitation was extended from "30 to 90 days", it noted. The Court was hearing an application filed under Section 5 of the Limitation Act, 1963 for condonation of delay of 21 days in filing the connected appeal against the judgment dated June 12, 2024 and order dated June 14, 2024 passed by the Principal Judge, Family Court -2, Kamrup. The Court further relied upon the a Full Bench decision of the Bombay High Court in Shivram Dodanna Shetty v. Sharmila Shivram Shetty wherein it was held that for an appeal filed under Section 19 Family Courts Act, the period of limitation prescribed under Section 28 of HMA shall apply.

Family Appeal Family Courts Court Family Court Courts Limitation Delay Period Act 30 Days Passed 21 Days Hma Savitri Pandey Fc Act  days  hma  hc  act  fc  court  courts  period  limitation  litigants  appeal  gauhati  passed  prejudice  delay  vs  family  districts

History of this topic

Dispute Regarding Marital Status Is Within Exclusive Jurisdiction Of Family Court: Orissa High Court
1 week, 2 days ago

Dispute Regarding Marital Status Is Within Exclusive Jurisdiction Of Family Court: Orissa High Court

Live Law  

The Orissa High Court has held that dispute as to marital status of parties comes within the exclusive jurisdiction of the Family Court established under the Family Courts Act, 1984 and the same cannot be decided by any other civil court. Court's Observations The Court admitted the second appeal filed under Section 100 read with Order XLII Rule 1 of …

Family Law: All India Annual Digest 2024
1 month, 3 weeks ago

Family Law: All India Annual Digest 2024

Live Law  

SUPREME COURT CustodyCustody of minor children – Parental Alienation Syndrome – It is challenged that the Minor Children have been influenced against the Respondent and the preference indicated by the Minor Children ought not to be considered representative of their true emotions. S.125 CrPC | Wife Residing Away From Husband Without Any Reasonable Cause Not Entitled To Maintenance: Jharkhand High …

Gauhati High Court Seeks Assam Govt's Response To PIL Challenging Repeal Of Muslim Marriages & Divorces Act
10 months, 3 weeks ago

Gauhati High Court Seeks Assam Govt's Response To PIL Challenging Repeal Of Muslim Marriages & Divorces Act

Live Law  

The Gauhati High Court has recently asked the Assam Government to file its response by June 24 in a plea challenging the repeal of the Assam Muslim Marriages and Divorces Registration Act of 1935. The division bench of Chief Justice Vijay Bishnoi and Justice Suman Shyam has issued notice to the State Government in a writ petition filed by the …

Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court
1 year, 6 months ago

Mutual Divorce: Family Court Can't Reject Application To Waive Cooling Off Period In Mechanical Manner, Says Allahabad High Court

Live Law  

The Allahabad High Court has held that the family court ought not to reject an application filed for waving of the statutory six-month cooling off period in divorce proceedings under Section 13B of the Hindu Marriage Act, 1955 in a mechanical manner. The Court noted that the Family Court had made a ‘superficial observation’ regarding the parties living separately for …

Period Of Limitation For Filing Appeal Against Family Court Order Is 30 Days, Delay Can Be Condoned If Sufficient Cause Shown: Delhi High Court
1 year, 6 months ago

Period Of Limitation For Filing Appeal Against Family Court Order Is 30 Days, Delay Can Be Condoned If Sufficient Cause Shown: Delhi High Court

Live Law  

The Delhi High Court has ruled that the period of limitation for filing an appeal against a judgment or order of the family court is 30 days.A division bench of Justice Sanjeev Sachdeva and Justice Vikas Mahajan added that the delay in filing of such an appeal can be condoned under Section 5 of the Limitation Act. The Delhi High …

Parliament Passes Family Courts(Amendment) Bill 2022
2 years, 7 months ago

Parliament Passes Family Courts(Amendment) Bill 2022

Live Law  

Though the Government of Nagaland established two Family Courts in September 2008 and the Government of Himachal Pradesh established three Family Courts in February 2019, the same are yet to be brought into force by the Central Government vide notification in the Official Gazette as prescribed under Section 1 of the Family Courts Act, 1984. It About the Bill Section …

Over 11.4L cases pending in family courts, must be settled expeditiously: LS MPs
2 years, 7 months ago

Over 11.4L cases pending in family courts, must be settled expeditiously: LS MPs

Hindustan Times  

Lok Sabha MPs on Tuesday flagged that over 11.4 lakh cases are pending in family courts across the country and called for their speedy settlement. Bhartruhari Mahtab of the Biju Janata Dal also echoed his views and said the government should say what is it doing to settle the pending cases in the family courts. Two family courts were established …

Lok Sabha Passes Bill To Validate Family Courts In Himachal Pradesh & Nagaland
2 years, 7 months ago

Lok Sabha Passes Bill To Validate Family Courts In Himachal Pradesh & Nagaland

Live Law  

The Lok Sabha today passed the Family Courts Bill, 2022 to overcome the issue of lack of jurisdiction of Family Courts in the States of Himachal Pradesh and Nagaland. Though the Government of Nagaland established two Family Courts in September 2008 and the Government of Himachal Pradesh established three Family Courts in February 2019, the same are yet to be …

Centre Introduces Family Courts (Amendment) Bill, 2022 In Lok Sabha
2 years, 8 months ago

Centre Introduces Family Courts (Amendment) Bill, 2022 In Lok Sabha

Live Law  

Law Minister Kiren Rijiju on Monday introduced the Family Courts Bill, 2022 in the Lok Sabha, to overcome the issue of lack of jurisdiction of Family Courts in the States of Himachal Pradesh and Nagaland.Though the Government of Nagaland established two Family Courts in September 2008 and the Government of Himachal Pradesh established three Family Courts in February 2019, the …

Appeal From Any Order Passed By Family Court With Consent Of Parties Not Maintainable: Jharkhand High Court
3 years, 1 month ago

Appeal From Any Order Passed By Family Court With Consent Of Parties Not Maintainable: Jharkhand High Court

Live Law  

The Jharkhand High Court recently held that Section 19 of the Family Courts Act, 1984 is akin to the provision under Section 96 of the Code of Civil Procedure which bars appeal from a decree passed with the consent of parties.It added that this bar operates with further expansion under Section 19, in as much as, no appeal shall also …

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts
3 years, 2 months ago

All India Family Law Digest 2021 : Judgments Of Supreme Court & High Courts

Live Law  

As the year 2021 is coming to an end, LiveLaw brings to you an yearly Round-up of important updates in the subject of Family Law from the Supreme Court and various High Courts. Unequal Treatment Of Wives A Valid Ground For Divorce For Muslim Women: Kerala High Court A Division Bench of Justice A. Muhamed Mustaque and Justice Sophy Thomas …

Family Courts Constituted Under Secular Law; Cannot Turn Away Parties Seeking Divorce Under Customary Laws: Jharkhand High Court
3 years, 10 months ago

Family Courts Constituted Under Secular Law; Cannot Turn Away Parties Seeking Divorce Under Customary Laws: Jharkhand High Court

Live Law  

In a significant judgment, the Jharkhand High Court has held that Family Courts cannot turn away parties seeking divorce under their customary laws. Section 7 thereof relates to Jurisdiction of Family Courts and sub-section of the provision confers on them "all the jurisdiction" hitherto exercised by any District Court in suits or proceedings relating marriage, divorce, etc. The Family Court …

An Issue Of Jurisdiction Of The Family Court Under Muslim Women (Protection Of Rights On Divorce) Act,1986 : In Reference To The Decision In Rana Nahid v. Sahisul Haq Chisti
4 years, 8 months ago

An Issue Of Jurisdiction Of The Family Court Under Muslim Women (Protection Of Rights On Divorce) Act,1986 : In Reference To The Decision In Rana Nahid v. Sahisul Haq Chisti

Live Law  

The Supreme Court of India has recently announced its split verdict on the issue of jurisdiction of the family courts in matters of maintenance filed under Muslim Women Act, 1986. The Family Courts Act, 1984 Section 7 confers upon the Family Court jurisdiction exercisable by the District Court or subordinate Civil Court in respect of suits and proceedings of the …

HC Cannot Disregard Statutory Limitation Period To Entertain Writ Petition Challenging Order Passed By Statutory Authority: SC [Read Judgment]
4 years, 10 months ago

HC Cannot Disregard Statutory Limitation Period To Entertain Writ Petition Challenging Order Passed By Statutory Authority: SC [Read Judgment]

Live Law  

The Supreme Court has observed that a High Court cannot disregard the statutory limitation period to entertain writ petition assailing orders passed by statutory authorities which were not appealed against before the expiry of the maximum limitation period. Therefore, the issue before the Apex Court in the appeal filed by Revenue was whether the High Court in exercise of its …

Rajasthan HC Sets Period Of Limitation For Preferring An Appeal From A Decision Of The Family Court As 90 Days [Read Judgment]
5 years, 4 months ago

Rajasthan HC Sets Period Of Limitation For Preferring An Appeal From A Decision Of The Family Court As 90 Days [Read Judgment]

Live Law  

A division bench of the Rajasthan High Court while harmonizing the provisions contained under Section 19 of the Family Courts Act, 1984 and Section 28 of the Hindu Marriage Act, 1955, held that the period of limitation for preferring an appeal from a decision of the Family Court is 90 days. The order addresses the confusion created by the two …

Kerala HC Rejects ‘Estranged’ Husbands’ Plea To Issue ‘Scientific Guidelines’ To Family Courts In Child-Custody Matters [Read Judgment]
6 years, 11 months ago

Kerala HC Rejects ‘Estranged’ Husbands’ Plea To Issue ‘Scientific Guidelines’ To Family Courts In Child-Custody Matters [Read Judgment]

Live Law  

Exercise of such a discretionary power by a court cannot be curtailed by issuing any guidelines, as is sought by the petitioners, the bench said.The High Court of Kerala recently rejected a plea of ‘estranged’ husbands to lay down scientific guidelines to family courts for an objective assessment of the welfare of the child, while deciding child-custody petitions.Ten husbands who …

High Courts Weekly Round-Up
8 years, 2 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court observed that the levy of entry tax on e-commerce sites is prima facie unconstitutional as the state legislature has no authority or competence to do so.Bombay High CourtA division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court cautioned family courts to follow the law in letter and spirit, …

High Courts Weekly Round-Up
8 years, 2 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court observed that the levy of entry tax on e-commerce sites is prima facie unconstitutional as the state legislature has no authority or competence to do so.Bombay High CourtA division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court cautioned family courts to follow the law in letter and spirit, …

High Courts Weekly Round-Up
8 years, 4 months ago

High Courts Weekly Round-Up

Live Law  

Allahabad High CourtThe Allahabad High Court on Monday directed the management of Dr MC Saxena Medical College to compensate the 150 students wrongly admitted to the current academic year of the med school. The court has ordered that Rs 25 lakh, including college fee and compensations, be paid to each student within two months.In an important pronouncement, the full bench …

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