Limitation Section 28
Querist :
Anonymous
(Querist) 02 April 2010
This query is : Resolved
Please confirm that effective Sept 2003, Section 28 Hindu Marriage Act provides limitation of 90 days instead of 30 days for filing of an appeal under the act.
Raj Kumar Makkad
(Expert) 02 April 2010
Yes. The limitation is now 30 days instead of 90 days.
Parveen Kr. Aggarwal
(Expert) 02 April 2010
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 23rd December, 2003/Pausa 2, 1925 (Saka)
The following Act of Parliament received the assent of the President on the 23rd December, 2003 and is hereby published for general information:-
THE MARRIAGE LAWS (AMENDMENT) ACT, 2003
No. 50 of 2003
[23rd December, 2003]
An Act further to amend the Special Marriage Act, 1954 and the Hindu Marriage Act, 1955.
Be it enacted by Parliament in the Fifty-fourth year of the Republic of India as follows:-
CHAPTER - I
PRELIMINARY
1. Short title.- This Act may be called the Marriage Laws (Amendment) Act, 2003.
CHAPTER - II
AMENDMENT TO THE SPECIAL MARRIAGE ACT, 1954
2. Amendment of Section 31.- In the Special Marriage Act, 1954 (43 of 1954) (hereinafter referred to as the Special Marriage Act), in section 31, in sub-section (1), after clause (iii), the following clause shall be inserted, namely:-
"(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition; or".
3. Amendment of section 39.- In section 39 of the Special Marriage Act, in sub-section (4), for the words "period of thirty days", the words "period of ninety days" shall be substituted.
CHAPTER - III
AMENDMENT TO THE HINDU MARRIAGE ACT, 1955
4. Amendment of section 19.- In the Hindu Marriage Act, 1955 (25 of 1955) (hereinafter referred to as the Hindu Marriage Act), in section 19, in sub-section (1), after clause (iii), the following clause shall be inserted, namely:-
"(iiia) in case the wife is the petitioner, where she is residing on the date of presentation of the petition, or".
5. Amendment of section 28.- In section 28 of the Hindu Marriage Act, in sub-section (4), for the words "period of thirty days", the words "period of ninety days" shall be substituted.
CHAPTER - IV
MISCELLANEOUS
6. Transitory provision.- All decrees and orders made by the court in any proceedings under the Special Marriage Act or the Hindu Marriage Act shall be governed under the provisions contained in section 3 or section 5, as the case may be, as if this Act came into operation at the time of the institution of the suit:
Provided that nothing in this section shall apply to a decree or order in which the time for appealing has expired under the Special Marriage Act or the Hindu Marriage Act at the commencement of this Act.
T.K. VISWANATHAN,
Secy. to the Govt. of India.
