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1986 Supreme(Cal) 205

SUKUMAR CHAKRAVARTY, A.M.BHATTACHARJEE
ASHIT – Appellant
Versus
SUSMITA – Respondent


Advocates Appeared:
ASUTOSH GANGULY, PRASANTA BANDOPADHYAY, RAM KRISHNA CHANDRA, S.PAL CHAUDHARY

A. M. BHATTACNARJEE, J.

( 1 ) AN order of maintenance pendente lite having been passed under S. 24 of the Hindu Marriage Act in favour of the wife against the husband, the latter has moved this Court in revision against the said order. In view of the nature, object and duration of a pendeitte lite maintenance order under S. 24, such an order should be sustained, wherever possible, and should be interfered with only when the law irresistibly warrants intervention.

( 2 ) UNDER S. 28 of the Hindu Marriage Act, as it stood before the Amendment Act of 1976, there was a view that such an order was appealable thereunder, though a contrary view was also maintained. But S. 28, as it now stands after the 1976 - Amendment, makes it abundantly clear that only final orders under S. 25 and S. 26 of the Act relating to permanent alimony, maintenance and custody of children etc. are, but no other order is, appealable. When the Legislature does not provide for an appeal against an order, them, as pointed out by the Privy Council in N. S. Venkatagiri Ayyangar, AIR 1949 PC 156 at p. 158, the intention of Legislature is taken to be that the order, right or wrong, shall be final. And such a Legislati








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