LAWS(ALL)-2006-2-20

MADHU MISHRA Vs. ADDITIONAL JUDG FAMILY COURT

Decided On February 28, 2006
MADHU MISHRA Appellant
V/S
ADDITIONAL JUDGE, FAMILY COURT Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) The law point was raised on the last date by the court if this writ petition is maintainable in the face of Section 19 of the Family Courts Act and Section 28 of the Hindu Marriage Act, which provide for appeal against the judgment, decree and orders passed by the Family Court dealing with the matter for award of interim maintenance under Section 24 of Hindu Marriage Act.

(3.) Learned counsel appearing for the petitioner has cited a case law of Ravi Saran Prasad alias Kishore V. Smt. Rashmi Singh, 2001 (19) LCD 707 and has thus, tried to emphasise that since no appeal would lie against the order passed under Section 24 of Hindu Marriage Act, the only remedy left to the aggrieved party is by way of writ petition under Article 226 and 227 of Constitution of India.