An order granting interim maintenance pendente lite under Sections 24 and 25 of the Hindu Marriage Act, 1955 is not appealable under Section 19 of the Family Courts Act, 1984, as it is an interlocutory order.

PASAYAT, J.

( 1 ) DOUBTING correctness of a decision rendered by a Division Bench of this Court in Civil Appeal No. 17 of 1996 decided on 8-10-1996 regarding maintainability of appeal under Section 19 of the Family Courts Act, 1984 (in short, the 'act') against an order of interim maintenance in terms of Sections 24 and 25 of Hindu Marriage Act, 1955 (in short, 'marriage Act'), a reference has been made by another Division Bench for adjudicating the following question :"whether an order granting interim maintenance pendente lite is appealable under Section 19 of the Family Courts Act, 1984? If it is held that the appeal is not maintainable, what remedy is available to the aggrieved party. "divergent views expressed by different High Courts were noted.

( 2 ) IN Civil Appeal No. 17 of 1996 it was held by the Division Bench that an order made by a Family Court under Section 24 of the Marriage Act is appealable under Section 19 of the Act, on the ground that it has finality attached to it, and it is not an interlocutory order. Section 19 appearing in Chapter V of the Act provides for appeal and revision, and reads as follows :"19. Appeal- (1) Save as provided in sub-sec. (2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908), or in the Code of Criminal Procedure, 1973 (2 of 1974), or in any other law, an appeal shall lie from every judgment or order, not being an interlocutory order, of a Family Court to the High Court both on facts and on law. (2) No appeal shall lie from a decree or order passed by the Family Court with the consent of the parties, or from an order passed under Chapter IX of the Code of Criminal Procedure, 1973 :provided that nothing in this sub-section shall apply to any appeal pending before a High Court or any order passed under Chapter IX of the Code of Criminal Procedure, 1973 before the commencement of the Family Courts (Amendment) Act, 1991. (3) Every appeal under this section shall be preferred within a period of thirty days from the date of the judgment or order of a Family Court. (4) The High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Code of Criminal Procedure, 1973 for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding. (5) Except as aforesaid, no appeal or revision shall lie to any Court from any judgment, order or decree of a Family Court. (6) An appeal preferred under sub-sec. (1) shall be heard by a Bench consisting of two or more Judges. "on a plain reading of the aforesaid provisions, it is clear that sub-section (5) of Section 19 of the Act clearly stipulates that except what has been provided for in sub-sections (1) to (4), no appeal or revision shall lie to any Court from any judgment, order or decree of the Family Court. Section 19 (2) also stipulates that no appeal shall lie from a decree or order passed by the Family Court with consent of the parties. Against an interlocutory order, no appeal would lie if it is passed under the Code of Civil Procedure, 1908 (in short, 'cpc') or under the Code of Criminal Procedure, 1973 (in short, 'cr. P. C. ' ). So far as power of revision is concerned, sub-section (4) of Section 19 is relevant. It provides that the High Court may, of its own motion or otherwise, call for and examine the record of any proceeding in which the Family Court situate within its jurisdiction passed an order under Chapter IX of the Cr. P. C. for the purpose of satisfying itself as to the correctness, legality or propriety of the order, not being an interlocutory order, and as to the regularity of such proceeding. Appellate jurisdiction has been conferred on the High Court under Section 19 (1) of the Act and apart from that no appeal or revision is maintainable from any judgment,