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1971 Supreme(Pat) 35

N.L.UNTWALIA
Bankim Chandra Roy – Appellant
Versus
Anjali Roy – Respondent


Judgment

N.L.Untwalia, J.

1. In the title suit filed by the wife under the Hindu Marriage Act, 1955 (hereinafter called the Act) an interim order has been made under Sec.24 of the Act in favour of the wife. The husband has come up in revision as also in miscellaneous first appeal to this Court.

2. There is a dispute between the various High Courts as to whether an order under Sec.24 would be appealable or not. Many High Courts have taken the view that under Sec.28 such an order would be appealable (vide Sobhana Sen V/s. Amar Kanta Sen, AIR 1959 Cal 455; Rukhmanibai V/s. Kishanlal, AIR 1959 Madh Pra 187; Snehalata V/s. Jagadish, AIR 1964 Orissa 122; Tarlochan Singh V/s. Mahinder Kaur, AIR 1961 Punjab 508 and Smt. Shushila Devi V/s. Dhani Ram, AIR 1965 Him Pra 12. A contrary view has been taken in B. Saraswathi V/s. B. Krishna Murthy, AIR 1960 Andh Pra 30 and Prithyirajsinhji V/s. Bai Shivprabhakumari, AIR 1960 Bom 315.

Sec.28 of the Act reads thus-- "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 f







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