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Author Topic: Family Courts Act 1984 - What is the limitation for filing an appeal in divorce  (Read 2039 times)

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Offline bhupasingh70

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Please inform what is the limitation for filing an appeal under the Family Courts Act 1984 against  the Divorce Decree passed by the Family Court Judge?

1) Please also suggest, which law be applicable in such type of divorce decrees, where the initial application was filed under Hindu Marriage Act 1955 (as no family courts were operative by that time) and after some years, as the family courts were established, hence that case was automatically transferred to Family Courts, for its disposal.  Finally the Family Court granted Decree for Divorce.  In this case the law of Hindu Marriage Act 1955 or the law of Family Courts Act 1984 will be applicable, please inform, with supporting judgment/rules/act etc., if any.

2) can the court go out of the Acts.  Means can the judge give its own decision, keeping apart the law or what is mentioned in the Act?

please inform.


Offline advdesai

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whether a judge can exercise his discretionary powers against an act or code plz check this link:
Section 151 CPC, Discretionary powers a Judge
Advocate Desai Knows the Law

Offline bhupasingh70

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But sir when it is clearly mentioned in the Family Courts Act 1984 that the appeal should be filed within 30 days, (however, no doubt, under Hindu Marriage Act 1955 it is mentioned as 90 days), can the court challenge the Act by saying that it should be equal days, either the Act says it is 30 days, there cannot be discrimination between the appeal of divorce, filed under Family Courts Act or Hindu Marriage Act.

plz suggest.

 

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