Limitation Act, 1963 and its application to matrimonial litigation- A comparative study with US law

The Limitation Act, of 1963 is an Indian statute that specifies the deadline for submitting a lawsuit to a court of law. It came into force on January 1, 1964, and prescribes different periods of limitation for suits, appeals, and applications. The Act applies to all civil proceedings and some criminal proceedings.

Matrimonial litigation is a term that refers to the legal disputes arising from the marriage or its dissolution, such as divorce, annulment, alimony, child custody, maintenance, etc. Matrimonial litigation may involve different personal laws depending on the religion of the parties, such as Hindu law, Muslim law, Christian law, Parsi law, etc. Matrimonial litigation may also involve alternative dispute resolution (ADR) mechanisms such as counselling, mediation, and reconciliation.

The application of the Limitation Act, 1963 to matrimonial litigation depends on the nature and type of the suit, appeal or application. The Schedule of the Act provides various articles that specify the period of limitation for different kinds of matrimonial litigation. For example:

 

Article	Description	Period of limitation	Time from which period begins to run
58	To obtain a declaration that an alleged marriage is void	One year	When the alleged marriage becomes known to the plaintiff
59	For a decree of nullity of marriage on the ground of impotence	One year	When the plaintiff discovers the defendant’s impotence
60	For a decree of dissolution of marriage or of judicial separation or restitution of conjugal rights	Three years	When the cause of action arises
61	For a declaration that the plaintiff is entitled to maintenance from his or her spouse under a contract or otherwise	Three years	When the right to maintenance accrues
62	For maintenance under Section 125 of the Code of Criminal Procedure, 1973 or any other law for the time being in force	One year	When the maintenance becomes due
63	For arrears of maintenance under Section 125 of the Code of Criminal Procedure, 1973 or any other law for the time being in force	One year	When each arrear becomes due

 

The above table is not exhaustive and there may be other articles applicable to matrimonial litigation depending on the facts and circumstances of each case.

US law on matrimonial litigation is not uniform and varies from state to state. However, some general principles can be stated as follows:

·         Marriage is a legal contract between two consenting parties that creates rights and obligations for both spouses. Marriage can be contracted by a license issued by a state authority or by common law (in some states) where the parties cohabit and hold themselves out as married.

·         Marriage can be terminated by annulment, divorce or death of a spouse. An annulment is a judicial declaration that a marriage was invalid due to legal defects such as fraud, duress, incapacity, bigamy, etc. Divorce (known as dissolution of marriage in some states) is a judicial decree that ends a valid marriage and resolves issues such as property division, alimony, child custody, child support, etc. The death of a spouse automatically dissolves the marriage and entitles the surviving spouse to inherit under the laws of intestacy or according to a valid will.

·         The jurisdiction and procedure for matrimonial litigation depend on the state laws where the parties reside or where the marriage was contracted. Generally, one or both spouses must be domiciled or resident in the state where they seek to file for annulment or divorce. Some states also have waiting periods or cooling-off periods before granting a final decree of annulment or divorce. Some states also require mandatory counselling or mediation before initiating matrimonial litigation.

·         The limitation period for matrimonial litigation also varies from state to state. Some states have statutes of limitations that bar certain claims after a specified period. For example, in New York, an action for annulment based on fraud must be commenced within three years from the discovery of the fraud; an action for divorce based on adultery must be commenced within five years from the commission of the act; an action for divorce based on abandonment must be commenced within five years from the date of abandonment; etc. Other states do not have specific statutes of limitations for matrimonial litigation but may apply general principles such as laches (unreasonable delay) or estoppel (preclusion by conduct) to bar stale claims.

In conclusion, matrimonial litigation is a complex and sensitive law area involving different legal systems and cultures. The Limitation Act, of 1963 and the US law on matrimonial litigation have some similarities and differences in terms of the period of limitation, the grounds for relief, the jurisdiction and procedure, and the effect of the decree. Therefore, it is advisable to consult a competent lawyer before initiating or defending any matrimonial litigation in India or the US.