LAWS(ALL)-2013-11-105

RAMRAO SINGH Vs. USHA SINGH

Decided On November 25, 2013
Ramrao Singh Appellant
V/S
USHA SINGH Respondents

JUDGEMENT

(1.) I have heard Sri Arvind Kumar Singh, learned counsel for the appellant and Sri Istiyaq Ali, learned counsel for the respondent.

(2.) This appeal has been filed under Section 28 of the Hindu Marriage Act, 1955 against the impugned judgment dated 2.7.2011 passed under Section 24 of the Hindu Marriage Act, 1955. The provision of appeal under the Hindu Marriage Act , 1955 (hereinafter referred to as the 'Act') is laid down under Section 28 of the Act which reads as under:-

(3.) From a perusal of the provisions of Section 28 of the Act, it is clear that no appeal lies against an order passed under Section 24 of the Act. It is not disputed by the learned counsel for the appellant or by Sri Ishtiyaq Ali , learned counsel for the respondent that proceedings under Section 13 of the Act for divorce are still pending in the civil court. It is also admitted by both the parties that these are not proceedings under Section 19 of the Family Court Act.