Orissa High Court: Family Courts Governed by Principles of Delay and Laches, Not Strict Limitation Periods

Orissa High Court: Family Courts Governed by Principles of Delay and Laches, Not Strict Limitation Periods

  • Case Name: Smt. Sandhya Rani Sahoo @ Mohanty v. Smt. Anusaya Mohanty

The Orissa High Court held that Family Courts are not bound by the strict limitation periods under the Limitation Act, 1963.

It ruled that disputes concerning marital status constitute a “continuing cause of action.”

The Court observed that issues like legitimacy, inheritance, and personal rights cannot be defeated merely on the grounds of delay.

Therefore, proceedings before Family Courts should be guided by the principles of delay and laches rather than strict limitation provisions.

HC Judgment / 7 months ago

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