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2022 Supreme(MP) 390

VIVEK RUSIA, AMAR NATH KESHARWANI
Nilendra Singh Pawar (Mr. ) – Appellant
Versus
Dr. Smt. Deepti Pawar – Respondent


Advocates:
Shrey Raj Saxena for appellant;
Romesh Dave for respondent.

ORDER

1. Heard on I.A. No.3841/2022, which is an application under section 5 of the Limitation Act for condonation of delay. As per the Registry’s report, this appeal is barred by 16 days.

Keeping view of the reasons assigned in the application, which is duly supported by an affidavit, I.A. No.3841/2022 is allowed. Delay in filing the appeal is hereby condoned.

The appellant / husband has filed this appeal under section 19(1) of the Family Courts Act, 1984 against the order dated 26.4.2022, whereby the Additional Principal Judge, Family Court, Indore has awarded interim maintenance of Rs.40,000/- per month and Rs.70,000/- as litigation expenses in favour of the respondent/wife.

The decision on preliminary objection :

2. Shri Romesh Dave, learned counsel appearing for the respondent raised a preliminary objection regarding the maintainability of this appeal filed under section 19 of the Family Court Act. Shri Dave, learned counsel submits that the impugned order has been passed under section 24 of the Hindu Marriage Act which is in the nature of interlocutory order. The appeal under section 19 of the Family Courts Act lies only against the judgment or order not being an interim orde

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