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K. LAKSHMAN, P. SREE SUDHA
N. Rakesh Yadav – Appellant
Versus
N. Aneela – Respondent
JUDGMENT: (Per Hon’ble Sri Justice K. Lakshman)
Heard Mr. M. Amarnath, learned counsel for the appellant and Mr. P.S.V. Prasad, learned counsel for the respondents.
2. The present appeal is filed by the appellant – husband & father under Section - 19 of the Family Courts Act, 1984 (for short ‘Act, 1984’) challenging the order dated 18.04.2023 in Crl.M.P. No.116 of 2022 in M.C. No.148 of 2019 passed by learned Judge, Additional Family Court, Ranga Reddy District at L.B. Nagar.
3. The respondents - wife and daughter filed M.C. No.148 of 2019 claiming maintenance against the appellant - husband and father. During pendency of the said M.C., the respondents herein have also filed an Interlocutory Application vide Crl.M.P. No.116 of 2022 under Section - 125 of the Cr.P.C. read with 7 of the Family Courts Act, 1984 (for short ‘Act, 1984’) seeking a direction to the appellant herein to pay an amount of Rs.50,000/- towards monthly maintenance for their livelihood, food, shelter, education and other expenses. Vide impugned order dated 18.04.2023, the learned Family Court allowed the said petition in part directing the appellant herein to pay interim maintenance of Rs.15,000/- and Rs.10,000/- pe
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.
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.
Interim custody orders are not appealable under section 19 of the Family Courts Act, 1984, as they are considered interlocutory and do not reflect a final judgment.
The court clarified that an order granting visitation rights is an intermediary order, thus appealable under Section 19 of the Family Courts Act, 1984.
Interim maintenance orders under Section 24 of the Hindu Marriage Act are interlocutory and not appealable under Section 19 of the Family Courts Act.
The court established that an able-bodied husband has a legal obligation to maintain his wife, regardless of his employment status, and that interim maintenance is essential to prevent the destitutio....
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