NILENDRA SINGH PAWAR Vs. DEEPTI PAWAR

JUDGEMENT

(1.) Heard on I.A. No.3841/2022, which is an application under Sec. 5 of the Limitation Act for condonation of delay. As per the Registry's report, this appeal is barred by 16 days. Keeping view of the reasons assigned in the application, which is duly supported by an affidavit, I.A. No.3841/2022 is allowed. Delay in filing the appeal is hereby condoned. The appellant / husband has filed this appeal under Sec. 19(1) of the Family Courts Act, 1984 against the order dtd. 26/4/2022, whereby the Additional Principal Judge, Family Court, Indore has awarded interim maintenance of Rs.40,000.00 per month and Rs.70,000.00 as litigation expenses in favour of the respondent/wife. The decision on preliminary objection:

(2.) Shri Romesh Dave, learned counsel appearing for the respondent raised a preliminary objection regarding the maintainability of this appeal filed under Sec. 19 of the Family Court Act. Shri Dave, learned counsel submits that the impugned order has been passed under Sec. 24 of the Hindu Marriage Act which is in the nature of interlocutory order. The appeal under Sec. 19 of the Family Courts Act lies only against the judgment or order not being an interim order. The petitioner is having remedy to file a writ petition under Article 226 of the Constitution of India as even the civil revision is also barred in view of the law laid down by this Court in the cases of Aurna Choudhary v/s Sudhakar Choudhary reported in 2004 (2) MPLJ 101 and Swarna Parva Tripathy & Another v/s Dibyasingha Tripathy & Another reported in AIR 1998 ORI 173.

(3.) Shri Shrey Raj Saxena, learned counsel for the appellant submits that the proceedings initiated under Sec. 24 of the Hindu Marriage Act seeking interim maintenance and litigation expenses have come to an end, therefore, this order is final in nature, hence, an appeal is maintainable under Sec. 19 of the Family Courts Act.