AI Overview...
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No Appeal Against Interlocutory Orders - Under Section 19 of the Family Courts Act, 1984, no appeal lies against interlocutory or interim orders, including those relating to maintenance. This is explicitly stated in multiple sources, emphasizing that such orders are not subject to appeal unless specifically provided for Madan Lal VS Sugani Devi - Rajasthan, Soumya VS Johny - Karnataka, Raj Kumar Srivastava VS Anjana Sinha - Patna.
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Interim Maintenance Orders and Appealability - Orders granting interim maintenance are generally considered interlocutory. Courts have consistently held that these orders are not appealable under Section 19 of the Family Courts Act, unless exceptional circumstances or specific provisions apply Minor Anu VS Ratan Lal Sharma - Rajasthan, Esha Sharma VS Col. Sameer Sharma - Telangana, Md. Akil Ahmad VS State of Bihar - Patna.
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Legal Precedents and Interpretations - Judicial decisions reinforce that Section 19(1) of the Family Courts Act bars appeals against interlocutory orders, including maintenance orders, and that such orders cannot be challenged through revision or other remedies under Sections 482 of the CrPC or similar provisions Madan Lal VS Sugani Devi - Rajasthan, Md. Akil Ahmad VS State of Bihar - Patna.
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Exceptions and Clarifications - Certain orders, such as those under the Hindu Marriage Act or specific proceedings, may have different appealability criteria, but generally, interim maintenance orders remain non-appealable under Section 19 Esha Sharma VS Col. Sameer Sharma - Telangana, PRATIMA SEN GUPTA VS SAJAL SEN GUPTA - Allahabad.
Analysis and Conclusion:
The consensus across the sources is clear that an appeal against an interim maintenance order under the Family Courts Act is not maintainable under Section 19. Such orders are interlocutory, and the law restricts appeals against them to prevent unnecessary delays and preserve the procedural integrity of the family court process. Therefore, parties seeking to challenge interim maintenance orders must explore other legal avenues, such as revision petitions, but not appeals under Section 19.
Search Results for "Appeal against Interim Maintenance Order under Family Courts Act"
1992 0 Supreme(Raj) 705 • India - Rajasthan
I.S.ISRANI, V.K.SINGHAL
Ratio Decidendi: No appeal lies against an interlocutory order as per Section 19 of the Family Courts Act, 1984. ... A bare reading of Sub-Section (1) of Section 19 of the Family Courts Act, 1984 shows that no appeal lies against an interlocutory order passed by a Family Court. Admittedly, the interim order has been passed for monthly #HL_START....
2024 0 Supreme(Telangana) 667 • India - Telangana
K. LAKSHMAN, P. SREE SUDHA
(A) Family Courts Act, 1984 - Section 19 - Hindu Marriage Act, 1955 - Section 24 - Appeal against interim ... Section 19 of the Family Courts Act. ... Issues: The main issue was whether the appeal against the interim maintenance order was maintainable under ... Vide order dated 03.04.2002, a Division Bench referring to the matter to the full B....
2015 0 Supreme(Kar) 347 • India - Karnataka
N.KUMAR, B.SREENIVASE GOWDA
grant interim maintenance and litigation expenses passed by Family Court - Held, No appeal lies under the Family Courts Act against ... By virtue of Section 20 of the Family Courts Act, which has an overriding effect, no appeal lies against an interlocutory order passed ... If Section 19 is attracted, no appeal lies against an interlocutory #HL....
2018 0 Supreme(Del) 2553 • India - Delhi
G.S.SISTANI, SANGITA DHINGRA SEHGAL
MAINTENANCE - APPEAL UNDER SECTION 19 OF THE FAMILY COURTS ACT, 1984 - The court upheld the order for interim maintenance and ... Fact of the Case: The appellant-husband filed an appeal against an order granting interim maintenance and litigation ... Final Decision: The appeal was dismissed, and the order for inte....
1993 0 Supreme(Raj) 161 • India - Rajasthan
R.S.KEJRIWAL, N.L.TIBREWAL
Issues: Whether an appeal lies to the High Court under Section 19(1) of the Family Courts Act from an interim order of maintenance ... FAMILY COURTS ACT, 1984 - SECTION 19 - INTERLOCUTORY ORDER - MAINTENANCE ALLOWANCE - INTERIM ORDER - APPEALABILITY - An interim ... , CrPC is an interlocutory order....
2024 0 Supreme(Telangana) 701 • India - Telangana
K. LAKSHMAN, P. SREE SUDHA
(A) Family Courts Act, 1984 - Section 19 - Appeal against interim maintenance order - The appellant challenged ... the Family Court's order directing interim maintenance of Rs.15,000/- and Rs.10,000/- to wife and daughter respectively - The court ... order allowing interim maintenance to the wife and daughter....
1996 0 Supreme(Pat) 267 • India - Patna
R.M.PRASAD
FAMILY COURTS ACT, 1984 - SECTION 19 - INTERLOCUTORY ORDER - APPEAL - MAINTAINABILITY - ORDER GRANTING INTERIM MAINTENANCE AND ... Fact of the Case: Husband filed an appeal against an order of the Family Court granting interim maintenance and litigation ... Issues: Whether an appeal lies against an interlocutory o....
1997 0 Supreme(All) 1255 • India - Allahabad
B.K.ROY, M.L.SINGHAL
FAMILY COURTS ACT, 1984 - SECTION 19 - HINDU MARRIAGE ACT, 1955 - SECTIONS 24, 25, 26, 28 - MAINTENANCE - INTERIM MAINTENANCE ... the Family Court directing the husband to pay interim maintenance and litigation expenses. ... Fact of the Case: The wife filed an appeal under Section 19 of the Family Courts Act, 1984, challengi....
2022 0 Supreme(MP) 390 • India - Madhya Pradesh
VIVEK RUSIA, AMAR NATH KESHARWANI
order -- appeal u/s. 19 of Family Courts Act is maintainable -- whether appeal is liable to be registered as first appeal or miscellaneous ... (1) Hindu Marriage Act, 1955 -- S. 24 -- Family Courts Act, 1984 -- S.19 -- maintainability of appeal -- ... order of interim maintenance -- proceedings u/s. 24 are independent proceedi....
2016 0 Supreme(Pat) 584 • India - Patna
RAMESH KUMAR DATTA, SUDHIR SINGH
Code of Criminal Procedure, 1973–Section 125–Interim maintenance–Challenge to order passed by Family Court granting interim maintenance ... to O.P. wife–Such interlocutory order is neither amenable to appeal under Section 19(1) of Family Courts Act, 1984 nor revision ... , inherent power under Section 482 of Code cannot be invoked against order granting #HL_STA....
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