CHANDRAMANI SINGH Vs. PREMALATA MOHANTY

JUDGEMENT

(1.) THIS is an appeal purported to be under Sec, 19 of the family Courts Act - 1984 (for short 'the Act').

(2.) APPELLANT initiated a proceeding against opp. party in the Court of Subordinate Judge, Jagatsinghpur under Sac. 13 of the Hindu Marriage Act, 1955. In an application under Sec 19 of the Hindu Marriage Act, interim maintenance at the rate of Rs. 300/ - per month and litigation expenses of Rs. 100/ - was granted. On constitution of Family Court, the proceeding stood transferred to the said Court Under Section 8(c) of the Act. While appellant continued to pay, there was an arrear of Rs. 2,400/ -. Wife filed an application before the Family Court to give a direction on basis of which direction was given, Wife filed an application to direct appellant to pay arrear litigation expenses at the rate of Rs. 100/ -per month as directed, by learned Subordinate Judge, Family Court having accepted the prayer of wife in the impugned order, this appeal has been filed.

(3.) IN order that an appeal against an order Under Section 24 of the Hindu Marriage Act would he maintainable, it should not be an interlocutory order. It is to be established, no appeal ties against an order Under Section 24 of the Hindu Marriage Act. Anomaly in giving right of appeal against order under Chapter IX, CrPC was removed by amending Section 19. If order Under Section 24 of the Hindu Marriage Act would not be an interlocutory order, appeal would be maintainable.