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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
ARUN MONGA, SUNIL BENIWAL
Kaushlya Soni W/o Shri Ravikant Soni – Appellant
Versus
Ravikant Soni S/o Shri Shankar Lal Soni – Respondent
JUDGMENT :
Arun Monga, J.
1. These bunch of appeals have been filed assailing various orders passed by the learned Family Court under Section 24 of the Hindu Marriage Act, 1955. A common objection raised by the respondents in all these matters is that an appeal under Section 19 of the Family Courts Act, 1984 is not maintainable against an order passed under Section 24 of the Act of 1955, as such an order is interlocutory in nature. By this common order, we propose to deal with the said objection.
2. In Kavita Vyas v. Deepak Dave, DB Civil Reference No. 01/2017, decided on 10.01.2018., the question referred to a Full Bench of this Court was: “Whether an order passed under Section 24 of the Hindu Marriage Act, 1955 by the Presiding Officer of a Family Court is an appealable order or not?”
3. The Full Bench noted that, till then i.e. 10.01.2018, a Division Bench judgment of this Court dated 19.11.2010 in Ajay Malik v. Smt. Shashi, RLW 2011(2) Raj. 1615. held the field, wherein it had been held that such an appeal was not maintainable.
4. After referring to the relevant statutory provisions and the case law on the subject, the Full Bench, vide order dated 10.01.2018, held and declared that
The court ruled that appeals under Section 19 of the Family Courts Act are not maintainable against interlocutory orders that do not affect substantial rights.
Interim maintenance orders under Section 24 of the Hindu Marriage Act are interlocutory and not appealable under Section 19 of the Family Courts Act.
A reference to a larger bench is only warranted in the presence of conflicting decisions, not merely to create a precedent.
Appeal under Section 19 of Family Courts Act, 1984, would lie against order passed under Section 24 of Hindu Marriage Act for grant of interim maintenance.
The court established that appeals against interim maintenance orders under Section 24 of the Hindu Marriage Act are maintainable under Section 19 of the Family Courts Act, emphasizing the need for s....
An order rejecting an amendment application is an interlocutory order and not appealable under Section 19 of the Family Court Act, as it does not decide substantive rights.
Granting interim maintenance to daughter of appellant-wife and rejection of all other applications – dismissal of husband’s petition for restitution of conjugal rights whereby wife’s rights do not ne....
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