MUKUND MURARI MAHTO Vs. KARISHMA SINGH

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the sole opposite party.

(2.) This petition has been filed under Article 227 of the Constitution of India for quashing of the order dtd. 8/1/2024 passed in Original Suit No.708 of 2022 by learned Principal Judge, Family Court, Bokaro whereby the learned Principal Judge directed the petitioner to pay a sum of Rs.2,000.00 per month as pendente lite.

(3.) When this matter was taken up, learned counsel appearing for the sole opposite party raised a question about the maintainability of the petition under Article 227 of the Constitution of India on the ground that since the order is passed of interim maintenance by the Family Court, Bokaro under Sec. 24 of the Hindu Marriage Act, 1955 and it was pointed out that in light of Sec. 19 of Family Court's Act only appeal will lie against the said order. He submits that petition was filed under Sec. 20(3) of the Hindu Adoption and Maintenance Act, 1956. However, in the impugned order Sec. 24 of the Hindu Marriage Act, 1955 is reflected.