J P MANJUNATH Vs. H R SUSHEELA

JUDGEMENT

(1.) The appeal preferred quoting Section 24 of the Hindu Marriage Act, 1955 (for short the Act') by the petitioner in M.C. No. 872/2008 on the file of the Court of Principal Family Judge, Bangalore, aggrieved by the order dated 16-1-2010 passed by the learned Judge of the Family Court, on an application filed by the respondent-wife therein seeking for pendente lite maintenance in her favour.

(2.) The learned Judge of the Family Court has awarded a sum of Rs. 3,000/- per month, as the maintenance payable in favour of the respondent - wife with effect from 1-8-2009 together with one time litigation expenses of Rs. 5,000/-. The husband -petitioner is in appeal purporting to be under Section 24 of the Act as mentioned above.

(3.) The matter is listed before the Court today by the Registry on the memo filed by learned Counsel for the appellant for conversion. While the said memo is conspicuously absent before us, on a query with the Registry, what we are informed is that the memo to that effect had in fact been filed, was available in the Registry when a case filed was scrutinised by the concerned section; it appears to have misplaced by the Board Branch of the Registry before the papers are sent to the Court hall. Be that as it may, we have looked into the tenability of this appeal stated to be filed under Section 24 of the Act We find that Section 24 of the Act is not a provision enabling filing of any appeal. Section 24 of the Act reads as under: