No appeal lies against orders made under Section 24 or interim orders made under Section 26 of the Hindu Marriage Act, 1955, as amended in 1976.

( 1 ) THESE two appeals arise out of an order made under S. 24 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) awarding interim maintenance to the wife and the child of the respondent in O. P. L No. 102 of 1981 on the file of the II additional Judge, City Civil Court, Hyderabad.

( 2 ) THE petitioner herein is the wife and she filed an application under s. 9 of the Act for restitution of conjugal rights on the ground of desertion. On the date of the petition, she had a child aged about two-and-half years. There is no dispute about the relationship between the parties. The husband claims that it was the wife that was guilty of desertion and, therefore, not entitled to the relief. Pending that petition, the wife claimed a sum of Rs. 600. 00 for herself and Rs. 200. 00 for the minor child towards maintenance, and Rs. 2,000. 00 towards legal expenses. In support of her petition, she stated that while she was at Rajkot with her parents, she was somehow maintained by her parents and she was also getting some commission for collecting the Pigmy Bank contributions. She came down to Hyderabad and was staying in the house of her sister expecting the respondent-husband to take back her and the child into his house. The husband resisted the wifes claim, among others, on the ground that there behaviour was intolerable, that she had developed jealousy and un-adjustable temperament towards the other members of the family consisting of his aged mother and brothers and that his own income was not more than Rs. 700. 00 per month from out of the partnership business and that there are no merits in the petitioners application for restitution of conjugal rights.

( 3 ) THE learned trial Judge granted Rs. 300. 00 to the wife and Rs. 150. 00 to the child as interim maintenance with effect from 30-10-1979. He also granted Rs. 1,000. 00 towards legal expenses. Both the wife and the husband have preferred appeals.

( 4 ) OPPOSING the appeal preferred by the husband, Sri M. L. Ganu, learned counsel for the respondent-wife contended at the outset that no appeal lies. If this contention is upheld, that will equally apply to the appeal preferred by the wife. It is, therefore, necessary to consider the question whether an appeal lies before taking up the other issues raised by the parties.

( 5 ) THE Hindu marriage Act is a special enactment and against any order or decree made thereunder, an appeal would lie only if such a decree or order is made appealable. Such a provision is contained in Section 28 of the Act which, as amended by Act 68 of 1976 reads as follows:-"28. Appeals from decrees and orders:- (1) all decrees made by the court in any proceeding under this Act shall subject to the provisions of sub-sec. (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction. (2) Orders made by the court in any proceeding under this Act under S. 25 or S. 26 shall subject to the provisions of sub-sec. (3), be appealable if they are not interim orders, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction. (3) There shall be no appeal under this section on the subjects of costs only. (4) Every appeal under this section shall be preferred within a period of thirty days from the date of the decree or order. "

( 6 ) PRIOR to the amendment, S. 28 of the Act read thus:-"28. All decrees and orders made by the court in any proceeding under this Act shall be enforced in like manner as the decrees and orders of the court made in the exercise of the original civil jurisdiction are enforced, and may be appealed from under any law for the time being in force. Provided that there shall be no appeal on the subject of costs only. "

(