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MANISH MATHUR
Sushil Kumar – Appellant
Versus
Principal Judge Family Court Lko. – Respondent
JUDGMENT
Manish Mathur, J.
Heard learned counsel for the petitioner and learned counsel appearing on behalf of opposite party no.2. In view of the order being passed, notices to opposite party no.1, being merely proforma in nature, stand dispensed with.
2. Petition under Article 227 of the Constitution of India has been filed challenging the order dated 13th October, 2022 passed in Regular Suit No.1896 of 2021 instituted by the petitioner under Section 13-A of the HINDU MARRIAGE ACT , 1955. By means of aforesaid order, the earlier order dated 06th September, 2022 under Section 24 of the HINDU MARRIAGE ACT , 1955 granting pendente lite maintenance to the answering opposite party has been sought to be executed.
3. Learned counsel appearing on behalf of the answering opposite party at the very outset has raised preliminary objection regarding maintainability of present petition under Article 227 of the Constitution of India with the submission that the order impugned being not interlocutory in nature, an appeal under section 19 of the FAMILY COURTS ACT , 1984 only is maintainable. It is submitted that the petitioner had earlier also preferred First Appeal No.135 of 2022 which, vide or
(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....
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.
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....
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 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.
Courts are expected to act promptly in proceedings related to maintenance pendent-lite, and unjustifiable delays should be rectified by directing expeditious resolution of the main petition.
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....
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