Delivering a significant judgment on a plea by a woman challenging the decision of a family court, the Delhi High Court held that appeals against a decree or order of a family court should be filed within 30 days of the pronouncement of the decree judgment.

The court noted that there is a clear discrepancy between the limitation period provided under the Hindu Marriage Act (HMA) and the Family Courts Act- 1984.

A bench of Justices Sanjeev Sachdeva and Vikas Mahajan noted that the amended HMA-2003 mentioned a 90-day limitation period for appeal, while the Family Courts Act prescribed a 30-day limitation period.

The court noted that there is a clear discrepancy between the limitation period provided under the Hindu Marriage Act (HMA) and the Family Courts Act- 1984. A bench of Justices Sanjeev Sachdeva and Vikas Mahajan noted that the amended HMA-2003 mentioned a 90-day limitation period for appeal, while the Family Courts Act prescribed a 30-day limitation period.

The court said that in such a situation, under Section 19 of the Family Court Act, an appeal petition against the decree or order of the Family Court should be filed within 30 days.The court gave the above decision on the appeal petition of a woman. In which the woman had allowed her husband's divorce petition under Section 13(1) (IA) of the HMA of the family court

During the hearing the husband raised a preliminary objection saying that the appeal was barred by limitation under the Family Courts Act.