MINOR ANU ALIASATUL Vs. RATAN LAL SHARMA

JUDGEMENT

(1.) THESE Miscellaneous Appeals under S. 19 (1) of the Family Courts Act, 1984 (for short 'the Act') are directed against the order dated April 7, 1992 of the learned Judge, Family Court, Ajmer. A common question of law has been raised in all these appeals, hence they are disposed of by a common order. The learned Family Court Judge has awarded interim maintenance at the rate of Rs. 250/ - p. m. to the Minors Anu @ Atul and Manu @ Abhijit in the proceedings under S. 125, Cr. P. C. Appeals No. 431 and 389 have been filed by the minors seeking to increase the maintenance allowance, while Appeals No. 351 and 366 are filed by the father Ratan Lal challenging the order of interim maintenance allowance.

(2.) THE facts leading to the appeals may be narrated in short. THE appellant Ratan Lal was married to Smt. Padamja on May 2, 1982. From their wed -lock two sons viz. , the appellant Manu @ Abhijit and Anu @ Atul were born on 27. 01. 1984 and 27. 06. 1985 respectively. Both minors are living with their mother Smt. Padmja Sharma. Proceedings under S. 125, Cr. P. C. were initiated on their behalf in the Family Court, Jaipur. It appears that Smt. Padamja has also moved a petition under S. 13 of the Hindu Marriage Act for the dissolution of the marriage. One more petition under S. 26 of the Hindu Marriage Act has been filed by her. All these petitions are now pending in the Family Court, Ajmer after they were transferred by this Court.

(3.) WHAT constitutes an interlocutory order, a test has been laid down in S. Kuppuswami Rao vs. The King (1 ). It was stated: - "to constitute a final order, it is not sufficient merely to decide an important or even vital issue in the case, but the decision must not keep the matter alive and provide for its trial in the ordinary way. "