Hi Friends,
My wife had filed a divorce petition u/s 13 HMA in Family Court in Jaipur. I contested that case. The verdict has come. The Hon'ble Judge has given a decree of Judicial separation.
I want to challenge this judgment.
My Query:
(I) I am challenging the judgment of Family Court in Rajasthan High Court, Jaipur. What exactly is the time duration for appeal ? Is it 30 days OR is it 90 days ?
I have heard that amendment has been done in section 28(4) of HMA in 2003 and the wordings "period of thirty days" had been substituted with "period of ninety days". I had enquired this from a reputed lawyer in Rajasthan HC some weeks back and he said that an amendment has been made and the time limit is now 90 days. He again confirmed from his friend over the phone and he also said that the time limit is now 90 days because of the amendment, previously it was 30 days.
But last weekend I went to meet HC lawyers again and 2 - 3 of them said that the time limit is 30 days. They also confirmed this from their friends over the phone who also said that the time limit is now 30 days.
Please do clarify my doubt as to whether the time limit is now 30 days OR 90 days.
I searched the net and found the following article :
https://www.jeywin.com/wp-content/uploads/2009/12/Marriage-Laws-Amendment-Act-2003.pdf
(II) Would I need to file an application u/s 5 of the Limitation act ? and another application to condone the delay? What reasons could I give in the applications? Could I give the reason that I was under the impression that the time period is now 90 days instead of 30 days as per the Amendment in the Hindu Marriage Act 2003. But as the law goes that "Ignorance of law is not excuse" then would the court condone the delay for this reason or would I need to give some other reason.
There is too much of confusion in my mind.
As always waiting for all of your esteemed suggestions.
Thanks and Regards,
Sid.
