JAUARDHUN KRISHNAJI MALANDKAR Vs. AKALPITA JANARDHAN MAIANDKAR

JUDGEMENT

(1.) The appellant is the petitioner, against whom an interim order was made in the Notice of Motion for custody of two children of the marriage. Sub section (2) of Sec. 28 of the Hindu Marriage Act, 1955 permits appeals from orders passed under Sec. 25 or Sec. 26 of the said Act provided the orders are not interim orders. The order for custody is not a final order but an interim order. Hence no appeal against the order of custody is permissible.

(2.) Four years ago sitting on the Appellate Side of this Court, I had passed a number of orders bringing it to the notice of the Office that no such appeal lies against interim orders but it is clear that those in charge of the admission of the appeals may not have brought the said decisions to the notice of the Court.

(3.) The position in law is clear. No appeal from such order is now competent. Hence appeal will stand dismissed. Interim order of this Court will stand vacated and the original order which is impugned in the appeal will remain effective.