SANDEEP KUMAR MISHRA Vs. PRINCIPAL JUDGE, FAMILY COURT

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India, challenging an order of Ms. Reeta Gupta, Principal Judge, Family Court, Jalaun at Orai, dated 05.02.2020 granting interim maintenance to the wife under Section 24 of the Hindu Marriage Act, 1955.

(2.) Mr. K.R. Singh, learned Standing Counsel has raised a preliminary objection that this petition under Article 227 of the Constitution is not maintainable, inasmuch as the impugned order made under Section 24 of the Hindu Marriage Act, 1955 (for short, the Act of 1955) is appealable to this Court under Section 19(1) of the Family Court Act, 1984 (for short, the Act of 1984).

(3.) Mr. Binod Kumar Tripathi, learned counsel appearing for the petitioner was heard at length in opposition to the objection raised by Mr. K.R. Singh about the maintainability of this petition. Mr. Tripathi has placed reliance upon the decision of a Division Bench of this Court in Ravi Saran Prasad alias Kishore vs. Smt. Rashmi Singh AIR 2001 Allahabad 227. In support of his submission that an order, granting maintenance pendente lite under Section 24 of the Act of 1955, is an interlocutory order against which no appeal lies to this Court under Section 19(1) of the Act of 1984, he has drawn the attention of this Court to the holding in Ravi Saran Prasad alias Kishore (supra), where their Lordships of the Division Bench observed: