AJAY MALIK Vs. SHASHI

JUDGEMENT

(1.) Instant Misc. appeal U/s 19 of the Family Courts Act, 1984 ("Act, 1984") is directed against interim order dt. 04/07/2009 passed by learned Family Court, Kota in Civil Misc. Case No. 189/2008 whereby application Tiled U/s 24 of Hindu Marriage Act, 1955 ("HM Act") was partly allowed granting maintenance @ Rs. 1,000/- per month to each of two minor children and Rs. 3100/- towards litigation expenses. The parties were married on 28/01/1992 as alleged, according to Hindu rites and customs and out of their wedlock, two children were born. But due to some marital feud & dispute, appellant (husband) filed application U/s 13 of HM Act seeking divorce and pendente divorce petition before Family Court, an application was filed by respondent (wife) U/s 24 of HM Act seeking interim maintenance for herself and two minor children dependent upon her. Taking note of material on record and also the fact that the wife has also certain income source at her own, the learned Family Court considered it appropriate to grant in all Rs. 2,000/- per month for two minor children towards interim maintenance pendente divorce petition and Rs. 3100/- towards legal expenses in favour of the wife vide order dt. 04/07/2009, which has been assailed herein.

(2.) Counsel for appellant submits that pendente lite only wife can claim maintenance and the maintenance having been granted to the children U/s 24 of HM Act is wholly without jurisdiction.

(3.) Per contra, Counsel for respondent (wife) submits that misc. appeal U/s 19 of the Act, 1984 itself is not maintainable because the order assailing herein is an interim and interlocutory in nature having been passed U/s 24 of HM Act.