LOGANAYAKI Vs. V.SIVAKUMAR

JUDGEMENT

(1.) An important question as to whether an order for maintenance pendente lite passed under Section 24 of the Hindu Marriage Act, by a Civil Court [other than Family Courts constituted under the Family Courts Act, 1984] is appealable or not, has come up for consideration in this Revision Petition. The Petitioner is the Wife of the Respondent. The Respondent has filed H.M.O.P. No. 119 of 2009 on the file of the learned Subordinate Judge, Ranipet, Vellore District, for divorce. Pending the said case, the Petitioner filed an Interlocutory Application in I.A. No. 39 of 2010 seeking maintenance pendente lite at Rs. 6,000/- per month and litigation expenses of Rs. 15,000/- from the Respondent. The learned Subordinate Judge, by his order dated 28.3.2011, dismissed the same. Aggrieved over the same and contending that the said order is not appealable, the Petitioner has come up with this Revision under Article 227 of the Constitution of India.

(2.) I have heard the learned Counsel on either side and perused the records carefully.

(3.) At the outset, the learned Counsel for the Respondent raised a preliminary objection in respect of the maintainability of this Revision. According to him, an order made under Section 24 of the Hindu Marriage Act, 1955 [hereinafter referred to as "The HM Act"], is appealable under Section 28 of The HM Act and, therefore, the present Revision is not maintainable. In support of his contention, the learned Counsel for the Respondent has relied on a number of judgments of various High Courts about which I would make reference herein below.