(1.) This Civil Miscellaneous Appeal has been filed by the wife under Sec. 28 of Hindu Marriage Act. She filed an application under Sec. 25 of the Act for permanent alimony and maintenance that was partly allowed and being aggrieved from the part rejection, the appeal has been filed.
(2.) The Registry has raised an objection that since the order was passed in the application under Sec. 25 of Hindu Marriage Act, the CRP lies under Article 227 of Constitution of India.
(3.) Learned counsel for the appellant resubmitted the same with the objection that CMA is maintainable in as much as the final order has been passed under Sec. 25, in view of Sec. 28(2) of the Hindu Marriage Act, 1955 (in short 'the Act').