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2004 Supreme(All) 1638

KHEM KARAN, BHANWAR SINGH, S.RAFAT ALAM
KIRAN BALA SRIVASTAVA – Appellant
Versus
JAI PRAKASH SRIVASTAVA – Respondent


Advocates Appeared:
Salish Chandra Srivastava,

KHEM KARAN, J.

Pursuant to the orders dated 3-4-2002 passed by a Division Bench (Honble Pradeep Kant and Honble M. A. Khan, JJ.) of this Court at Lucknow in First Appeal No. 17 of 2002

, Smt. Kiran Bala Srivastava v. Jai Prakash Srivastava, filed under sub-sec tion (1) of Section 19 of the Family Courts Act, 1984 (hereinafter referred to as the Act of. 1984), Honble the Chief Justice was pleased to constitute this Full Bench to answer:

"whether an appeal under Section 19 of the Family Courts Act, 1984 would lie against an order passed under Section 24 of the Hindu Marriage Act, for grant of interim main tenance?"

Factual Background

2. The respondent Jai Prakash Srivastava filed a petition (Original Suit No. 77/87) against his wife (the appel lant) under Section 13 of the Hindu Mar riage Act, 1955 (hereinafter referred to as the Act of 19b5) in a Family Court at Lucknow. The wife moved one applica tion under Section 24 of the Act of 1955 claiming to herself and to her daughter pendente lite maintenance at the rate of Rs. 80007-a month and litigation expen ses to the tune of Rs. 11, 000/ -. The learned family Judge passed an order on 16-7-2001 directing the husband to pay pendente lite













































































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