HARI RAM Vs. MAHILA PISTA BAI

JUDGEMENT

(1.) The appellant is the husband and Mahila Bai is the wife. In the matrimonial proceedings maintenance under section 24 of the Hindu Marriage Act (hereinafter called 'the Act'), was awarded to Pistabai the Wife, against which the appellant moved the High Court and his prayer was dismissed. The wife again in this very proceeding filed an application for the maintenance allowance being paid. The appellant persistently refused to pay. Hence by the impugned order, the learned District Judge consigned the record and ordered that unless the amount of maintenance is deposited by the appellant, no further proceedings shall be taken. It is against this order, that Shri Apte has come before this Court under section 28 of the Hindu Marriage Act.

(2.) According to provisions of section 28(2) of the Act orders made by the Court in any proceedings under this Act, under section 25 or section 26 shall, subject to the provision of sub-section (3), be appealable if they are not interim orders, and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in exercise or its original Civil Jurisdiction.

(3.) It is thus apparent that though the appeal shall lie to this Court only if the impugned orders are passed under section 25 or under section 26 of the Act. Shri Apte contended that this order is definitely covered he died to convince me that the appeal shall lie. The Act is very clear and as this appeal is not against the orders passed under sections 25 and 26 of the Act, this appeal is not maintainable.