SWARNA PRAVA TRIPATHY Vs. DIBYASINGHA TRIPATHY

JUDGEMENT

(1.) Doubting correctness of a decision rendered by a Division Bench of this Court in Civil Appeal No. 17 of 1996 decided on 8-10-1996 regarding maintainability of appeal under Section 19 of the Family Courts Act, 1984 (in short, the 'Act') against an order of interim maintenance in terms of Sections 24 and 25 of Hindu Marriage Act, 1955 (in short, 'Marriage Act'), a reference has been made by another Division Bench for adjudicating the following question :"

(2.) In Civil Appeal No. 17 of 1996 it was held by the Division Bench that an order made by a Family Court under Section 24 of the Marriage Act is appealable under Section 19 of the Act, on the ground that it has finality attached to it, and it is not an interlocutory order. Section 19 appearing in Chapter V of the Act provides for appeal and revision, and reads as follows :

(3.) The main controversy is whether an order passed under Section 24 or 26 of Marriage Act is an interlocutory order or a final order. As noted above, there are divergent of views expressed by different High Courts.