T V SATYANARAYANA Vs. SUBBA ARUNA MEENAKSHI

JUDGEMENT

(1.) In this matter, which is presented as an appeal against an order of the Family Court, Bangalore, granting interim maintenance to the respondent on an application presented under Section 24 of the Hindu Marriage Act, the following question of law arises for consideration: "Whether an appeal lies against an order made by the Family Court on an application presented under Section 24 of the Hindu Marriage Act granting interim maintenance under Section 19 of the Family Courts Act?"

(2.) The facts of the case, in brief, are as follow ; A petition presented under Section 13 of the Hindu Marriage Act praying for grant of a decree of divorce against his wife - the respondent, is pending before the Family Court, Bangalore. During the pendency of that petition, the respondent made an application under Section 24 of the Hindu Marriage Act praying for grant of alimony pendente lite and also to direct the appellant to pay the amount required for the legal expenses. The petition was originally presented before the City Civil Court and the proceedings stood transferred to the Family Court after it was established. The Family Court allowed the application by its order dated 4-9-1987 and directed the appellant to pay an interim maintenance of Rs. 200-00 per month and also an amount of Rs. 1,500-00 towards legal expenses to the respondent. Aggrieved by the said order, the appellant has presented this petition under Section 19(1) of the Family Courts Act ('the Act' for short). The appeal is not registered as the office has raised an objection that in view of Section 19 of the Act, the appeal is not maintainable. It is in these circumstances, the question of law, set out above, arises for consideration.

(3.) Sri G.S.Rao, the learned Counsel for the appellant, and Sri B.P. Holla, Senior Counsel who was directed to assist the Court as Amicus Curiae, have addressed their arguments with reference to the question arising for consideration.