KAVITA VYAS Vs. DEEPAK DAVE

JUDGEMENT

(1.) Whether an order passed under Section 24 of the Hindu Marriage Act, 1955 by the Presiding Officer of a Family Court is an appealable order or not is the question referred to the Full Bench of this Court.

(2.) Currently a Division Bench judgment of this Court dated 19.11.2010 in Civil Misc.Appeal No.4559/2009 Ajay Malik V/s Smt.Shashi holds the field and the view taken is that the appeal is not maintainable. The finding in para 5 is the opinion of the Court and we find that there is no discussion therein. In para 5 of the decision of the Division Bench it is recorded as under:-

(3.) There appears to be a typographical error in the last line of paragraph 5 and the word 'not' between the last two words 'is' and 'maintainable' is missing.