( 1 ) THE question referred to this Full Bench for its decision is:"whether an order under Section 24 of the Hindu Marriage Act allowing or rejecting an application for maintenance pendent lite, is appealable?"

( 2 ) A Division Bench of this Court in Saraswathi v. Krishnamurthy, AIR 1960 Andh Pra 30, has no doubt expressed its considered view on this point. That view has been shared by the High Courts of Bombay and Jammu and Kashmir, but not most of the other High Courts of India. Even so conflicting decisions are still to be noticed in the same High Courts in certain cases and on certain aspects of the matter. All this because of the second part of Section 28 of the Hindu Marriage Act (Act XXV of 1955 ). The inartistic draftsmanship has created real difficulty in determining the true import of that part of the provision. The rules of construction shall have then to regulate its meaning consistent with the intention of the Legislature. But that is not so easy a task and must invariably lead to some conflict of views.

( 3 ) THE decision in AIR 1960 Andh Pra 30 (supra) proceeded on essentially a strict literal construction of the second part of the Section. As against th