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1 - 3 of 3 (0.20 seconds)Savitri Pandey vs Prem Chandra Pandey on 8 January, 2002
The Supreme Court in Savitri Pandey Vs. Prem
Chandra Pandey, (2002) 2 SCC 73 has noticed this anomaly
and observed that period of limitation prescribed for filing the
appeal under Section 28(4) is apparently inadequate which
facilitates the frustration of the marriages by the unscrupulous
litigant spouses. In a vast country like ours, the powers under the
Act are generally exercisable by the District Court and the first
appeal has to be filed in the High Court. The distance, the
geographical conditions, the financial position of the parties and
the time period of 30 days prescribed for filing the appeal is
insufficient and inadequate. In the absence of appeal, the other
party can solemnise the marriage and attempt to frustrate the
appeal right of the other side. A minimum period of 90 days may
be prescribed for filing the appeal against any judgment and
decree under the Act and any marriage solemnised during the
aforesaid period be deemed to be void. The Supreme Court
further observed that appropriate legislation is required to be
made in this regard. The Registry of the Supreme Court was
directed to forward a copy of that judgment to the Ministry of Law
and Justice for such action as it may deem fit to take in this
behalf.
Shri Shivram Dodanna Shetty vs Sou. Sharmila Shivram Shetty on 1 December, 2016
The Allahabad High
Court in Smt. Gunjan Vs. Praveen, First Appeal Defective No.
374 of 2016 also concurred with the view taken by the Full Bench
of the Bombay High Court in Shivram Dodanna Shetty (supra).
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