DULAL SHIL Vs. DALI SHIL

JUDGEMENT

(1.) HAVING questioned the legality of the order dated 10.07.2014 directing payment of maintenance pendentelite and expenses of the proceeding in Misc. 26 of 2014, related to the Title Suit (Divorce) 410 of 2013 delivered by the Judge, Family Court, Agartala, West Tripura, this appeal under Section 19(1) of the Family Courts Act, 1984 has been preferred by the petitioner who instituted the suit seeking dissolution of marriage by decree. The respondent herein, in the Title Suit (Divorce) 410 of 2014, filed an application under Section 24 of the Hindu Marriage Act for provisioning maintenance pendentelite and the expenses of the proceeding. By the order dated 10.07.2014, the petitioner has been directed to pay the respondent a sum of Rs.5,000/ - by the next date and to provide maintenance @Rs.3,000/ - per month w.e.f. 01.07.2014 till disposal of the Title Suit (Divorce) 410 of 2013. It has been further directed that the remittance be made by the money order within 10th day of every English calendar month. The petitioner shall also bear the charge for money order. The petitioner however has been given liberty to remit in the bank account of the respondent, if the details are furnished later on.

(2.) THE respondent has raised a preliminary objection as to the maintainability of the appeal under Section 19(1) of the Family Courts Act, 1984 contending that the impugned order is an interlocutory order and against an interlocutory order neither an appeal under Section 19(1) nor any revision can be carried out in view of Section 19(5) of the Family Courts Act, 1984. As agreed by the counsel, this Court has decided that the question of maintainability would be heard along with the merit in the appeal and in the event it is held for any reason that appeal is maintainable under Section 19(1) of the Family Courts Act, 1984, the appeal would be decided on merit. Hence, by the order dated 14.01.2015 we called for the records.

(3.) MS . K. Roy, learned counsel appearing for the respondent has taken us to the provisions of Section 19(1) of the Family Courts Act, 1984 to contend that appeal shall lie from 'every judgment or order' not being an interlocutory order, of a Family Court to the High Court both on facts and on law. For purpose of reference, Section 19(1) of the Family Courts Act, 1984 is reproduced hereunder: Section 19. Appeals : -