BANKIM CHANDRA ROY Vs. ANJALI ROY

JUDGEMENT

(1.) In the title suit filed by the wife under the Hindu Marriage Act, 1955 (hereinafter called the Act) an interim order has been made under Section 24 of the Act in favour of the wife. The husband has come up in revision as also in miscellaneous first appeal to this Court.

(2.) There is a dispute between the various High Courts as to whether an order under Section 24 would be appealable or not. Many High Courts have taken the view that under Section 28 such an order would be appealable (vide Sobhana Sen v. Amar Kanta Sen, AIR 1959 Cal 455; Rukhmanibai v. Kishanlal, AIR 1959 Madh Pra 187; Snehalata v. Jagadish, AIR 1964 Orissa 122; Tarlochan Singh v. Mahinder Kaur, AIR 1961 Punjab 508 and Smt. Shushila Devi v. Dhani Ram, AIR 1965 Him Pra 12. A contrary view has been taken in B. Saraswathi v. B. Krishna Murthy, AIR 1960 Andh Pra 30 and Prithyirajsinhji v. Bai Shivprabhakumari, AIR 1960 Bom 315. Section 28 of the Act reads thus--

(3.) Coming to the merits of the Order, I find that the learned Judicial Commissioner has allowed maintenance to the wife not only for her support but also for the support of her three children all of whom are above the age of 10. Ordinarily she would not be entitled to their custody. But that apart let me read Section 24 of the Act-