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2013 Supreme(Mad) 1717

S.NAGAMUTHU
P. T. Lakshman Kumar – Appellant
Versus
Bhavani – Respondent


Advocate Appeared:
For the Petitioner:N. Rajavadivelu, P. Srinivas, Rathina Ashokan, Mrs. K. Sumathi, Mrs. Gajalakshmi Rajendran, Advocates.
For the Respondent:No Appearance, R. Arumugam, M. Vivekanandan, A. Mohan, Advocates.

Order:

1. “Whether an order made under Section 24 of the “Hindu Marriage Act, 1955” by a Family Court established under the “Family Courts Act, 1984” is appealable under Section 19(1) of the said Act to the High Court ?”. The answer to this question is not uniform among various High Courts. A Full Bench of Allahabad High Court and Division Benches of Uttarakhand, Delhi and Madhya Pradesh High Courts have taken the view that such an order is appealable under Section 19 of the Family Courts Act. Quite contrary to the same, the Full Benches of Orissa High Court and Patna High Court and Division Benches of Karnataka, Rajasthan and Bombay High Courts have held that such an order is not appealable to the High Court under Section 19(1) of the Act.

2. So far as this High Court is concerned, thus far, this question has not been examined in detail. But, challenges to these orders are entertained under Article 227 of the Constitution of India [as done in the instant petitions], though, in few instances, appeals have also been entertained. During the course of hearing of these revision petitions, which have been filed challenging the orders passed by the Family Courts under Section 24 of The










































































































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