BINOD THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present appeal has been preferred by the husband. The order under challenge is the order dated 28th June, 2008, whereby the Principal Judge, Family Court, Ara while disposing of two applications being Miscellaneous Case No. 58 of 2007 and Miscellaneous Case No. 117 of 2007 for grant of maintenance and permanent alimony made by the wife granted her alimony of Rs. 2,000/ - per month from the date of the order. The registry has raised an objection that the Miscellaneous appeal is not maintainable from an order disposing of Misc. Case No. 117/2007 and against the said order first appeal ought to have been filed. The office, in this connection has referred to an order dated 17th April, 2007 said to have been passed in M.A. 74/2006.

(2.) SECTION 19 of the Family Courts Act, 1984 reads thus: -

(3.) AT this stage, we may consider Section 28 of the Hindu Marriage Act, 1955, which provides thus: -