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Rajpal Vs. Smt. Dharamavati - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtAllahabad High Court
Decided On
Case NumberFirst Appeal No. 42 of 1978
Judge
Reported inAIR1980All350
ActsHindu Marriage Act, 1955 - Sections 24 and 28
AppellantRajpal
RespondentSmt. Dharamavati
Advocates:H.N. Sharma, Adv.
DispositionAppeal dismissed
Excerpt:
family - appeal - section 28 and 24 of hindu marriage act, 1955 - order under section 24 - not appealable. - .....of sub-section (3), be appealable as decrees of the court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the court to which appeals ordinarily lie from the decisions of the court given in the exercise of its original civil jurisdiction.(2) orders made by the court in any proceeding under this act, under section 25 or section 26 shall, subject to the provisions of sub-section (3), be appealable if they are not interim orders, and every such appeal shall he to the court to which appeals ordinarily lie from the decisions of the court given in exercise of its original civil jurisdiction.(3) there shall be no appeal under this section on the subject of costs only.(4) every appeal under this section shall be preferred within a period of 30 days.....
Judgment:

Deoki Nandan, J.

1. This appeal is directed against an order dated 8th Dec., 1977 under Section 24 of the Hindu Marriage Act in a Matrimonial Suit No. 81 of 1977 of the District Court, Saharanpur. The order under appeal directs the appellant to pay Rs. 110/-per month as maintenance pendente lite from the date of the application under Section 24, and Rs. 300/- as litigation expenses. The payment had to be made within one month from the date of the order which was 8th Dec., 1977.

2. The appeal is on the face of it incompetent. Section 28 of the Hindu Marriage Act reads as follows after its amendment in 1976:

'28. Appeal from decrees and orders:--

(1) All decrees made by the Court in any proceeding under this Act shall, subject to the provisions of Sub-section (3), be appealable as decrees of the Court made in the exercise of its original civil jurisdiction, and every such appeal shall lie to the Court to which appeals ordinarily lie from the decisions of the Court given in the exercise of its original civil jurisdiction.

(2) Orders made by the Court in any proceeding under this Act, under Section 25 or Section 26 shall, subject to the provisions of Sub-section (3), be appealable if they are not interim orders, and every such appeal shall He to the Court to which appeals ordinarily lie from the decisions of the Court given in exercise of its original civil jurisdiction.

(3) There shall be no appeal under this section on the subject of costs only.

(4) Every appeal under this section shall be preferred within a period of 30 days from the date of the decree or order.'

No appeal lies from an order under Section 24 of the Hindu Marriage Act. An appeal is a creature of statute. This appeal is accordingly dismissed. There will be no order as to costs as the respondent was not represented in this Court.

3. Let the record of this case be sent down at once.


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