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2010 Supreme(UK) 321

SUDHANSHU DHULIA, JAGDISH SINGH KHEHAR
RAHUL SAMRAT TANDON – Appellant
Versus
NEERU TANDON – Respondent


For the Appellant :Mr. Shobhit Saharia, Advocate
For the Respondent:Mr. Aditya Singh and Mr. Neeraj Garg, Advocates

JUDGMENT

[Per : Hon’ble Sudhanshu Dhulia, J.]

1. The present appeal has been filed by the appellant under Section 19 of the Family Courts Act, 1984 (from hereinafter referred to as the Act of 1984) against an order dated 20.3.2010 passed by the Judge, Family Court, Dehradun in Misc. Case No. 123 of 2008, on an application under Section 24 of the Hindu Marriage Act, 1955 (from hereinafter referred to as the Act of 1955), whereby an amount of Rs. 10,000/- per month has been ordered to be given to the wife of the appellant under Section 24 of 1955 Act as maintenance pendent elite proceeding under Section 13 of 1955 Act, instituted by the husband, who is the appellant before this Court.

2. All the same, before this case could be heard on merits, the learned counsel for the respondent/defendant has raised a preliminary objection regarding the maintainability of the present Appeal under Section 19 of 1984 Act. The short contention of the respondent before this Court is that an appeal can be filed under Section 19 of 1984 Act only against a judgment, or an order which is not of an interlocutory nature, but since the order under challenge dated 20.3.2010 has been passed by the Family Court





































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