MOHAN RANI Vs. MOHAN LAL

JUDGEMENT

(1.) THIS case came up before me in revision. A preliminary objection was raised before me that the order against which the petitioner had come to this court was an appealable order and therefore this revision was incompetent.

(2.) I heard the arguments of the learned counsel for the parties in this case as to the maintainability of a revision petition. There being divergence of opinion in the different High Courts, I thought it fit to refer the matter to a Division Bench for an authoritative pronouncement on this point. If the order was not revisable but appeal able, even then we had the power to treat this revision as an appeal and in that case it was only a Division Bench that could hear the appeal. This factor also influenced me to place the case before a Division Bench.

(3.) WE have heard the arguments of the learned counsel for the parties. It is true that there is a sharp conflict of opinion between different High Courts on the point whether such orders which are obviously of an interlocutory nature passed under the Hindu Marriage Act are appealable or can be challenged by means of revision petition. The conflict is so sharp that even the same High Court has not taken the same view in cases which came for disposal before it at different times.