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IN THE HIGH COURT OF JHARKHAND, RANCHI
MR. JUSTICE SANJAY KUMAR DWIVEDI, J
Mukund Murari Mahto, S/o Anant Lal Mahto – Appellant
Versus
Karishma Singh @ Kumari Mubi, D/o Mukund Murari Mahto – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard learned counsel appearing for the petitioner and learned counsel appearing for the sole opposite party.
2. This petition has been filed under Article 227 of the Constitution of India for quashing of the order dated 08.01.2024 passed in Original Suit No.708 of 2022 by learned Principal Judge, Family Court, Bokaro whereby the learned Principal Judge directed the petitioner to pay a sum of Rs.2,000/- per month as pendente lite.
3. When this matter was taken up, learned counsel appearing for the sole opposite party raised a question about the maintainability of the petition under Article 227 of the Constitution of India on the ground that since the order is passed of interim maintenance by the Family Court, Bokaro under Section 24 of the Hindu Marriage Act, 1955 and it was pointed out that in light of Section 19 of Family Court’s Act only appeal will lie against the said order. He submits that petition was filed under Section 20(3) of the Hindu Adoption and Maintenance Act, 1956. However, in the impugned order Section 24 of the Hindu Marriage Act, 1955 is reflected.
4. In view of his such preliminary objection, the learned counsel appearing for t
An interim maintenance order under Section 24 of the Hindu Marriage Act is interlocutory and not appealable under Section 19 of the Family Courts Act; thus, Article 227 is the appropriate remedy.
(1)Award ofMaintenance Pendente Lite – No appeal against an order passed as an interlocutory order can be filed under Section 19 of Family Court’s Act and petition under Article 227 of Constitution o....
The court established that interim maintenance under Section 24 of the Hindu Marriage Act is essential for ensuring the sustenance of a spouse without independent income during divorce proceedings, a....
Interim maintenance orders under Section 24 of the Hindu Marriage Act are interlocutory and not appealable under Section 19 of the Family Courts Act.
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