SMT. MRINAL DIMARI KUKRETI Vs. CAPT. MAYANK KUKRETI

JUDGEMENT

(1.) HEARD Mr. Pankaj Purohit, Advocate for the petitioner and Mr. Bhupesh Kandpal, Advocate for the respondent. The petitioner by means of the present writ petition has challenged an order passed by the learned Principal Judge, Family Court, Dehradun whereby the application moved by the petitioner (wife) under Section 24 of the Hindu Marriage Act, 1955 for maintenance has been rejected.

(2.) LEARNED counsel for the respondent has placed before this Court a Division Bench judgment of this Court passed in Rahul Samrat Tandon v. Smt. Neeru Tandon reported in : 2010 (2) U.D., 4, where it has been held that an appeal lies against an order passed by the court below under Section 24 of the Hindu Marriage Act, and therefore the writ petition has been wrongly filed. Considered the above judgment of the Division Bench of this Court. Operative portion of the said judgment reads thus :

(3.) IN view of the above, since an appeal lies against an order passed by the court below under Section 24 of the Hindu Marriage Act, writ petition is not maintainable and is liable to be dismissed and is hereby dismissed. No order as to costs.