P.T.LAKSHMAN KUMAR Vs. BHAVANI

JUDGEMENT

(1.) Whether an order made under Section 24 of the "Hindu Marriage Act, 1955" by a Family Court established under the "Family Courts Act, 1984" is appealable under Section 19(1) of the said Act to the High Court". The answer to this question is not uniform among various High Courts. A Full Bench of Allahabad High Court and Division Benches of Uttarakhand, Delhi and Madhya Pradesh High Courts have taken the view that such an order is appealable under Section 19 of the Family Courts Act. Quite contrary to the same, the Full Benches of Orissa High Court and Patna High Court and Division Benches of Karnataka, Rajasthan and Bombay High Courts have held that such an order is not appealable to the High Court under Section 19(1) of the Act. So far as this High Court is concerned, thus far, this question has not been examined in detail. But, challenges to these orders are entertained under Article 227 of the Constitution of India [as done in the instant petitions], though, in few instances, appeals have also been entertained. During the course of hearing of these revision petitions, which have been filed challenging the orders passed by the Family Courts under Section 24 of The Hindu Marriage Act, this Court raised a doubt about the maintainability of these petitions under Article 227 of the Constitution of India since it gave an initial impression that these orders are appealable under Section 19(1) of the Family Courts Act. Therefore, this Court invited the respective counsel to advance arguments, at the first instance, in respect of the maintainability of these revisions. Accordingly, they did. Let me now proceed to consider the same.

(2.) Under Section 24 of the "Hindu Marriage Act", the wife or the husband, as the case may be, who has got no independent income, sufficient for her or his support and the necessary expenses of the proceeding, may apply to the Court for an order for payment of the expenses of the proceeding and the monthly maintenance amount. Section 28 of the Hindu Marriage Act provides for an appeal against the decrees and orders made under various provisions of the HM Act which reads as follows:-

(3.) Under Sections 9, 10, 11, 12, 13, 13-A and 13-B, the Court passes a decree. These decrees are undoubtedly appealable under sub-section (1) of Section 28 of the Act. Under Sections 24, 25 and 26, the Court passes an order. An order made either under Section 25 or 26 is undoubtedly appealable under sub-section (2) of Section 28 of the Act, provided the said order is not an interim order. In this provision, the Legislature has consciously omitted Section 24. The question, whether an order made under Section 24 of the Hindu Marriage Act by a Civil Court is appealable, came up for consideration on several occasions and the Courts have uniformly held that such an order of the civil court is non appealable.