Order U/s 24 HMA : revision or appeal
Ghanshyam Adv.
(Querist) 26 May 2009
This query is : Resolved
Pls ld members tell me ,
Whether the order u/s 24 HMAct is revsionable or Appealable?
Any caselaw in the support is desired.
Its Urgent.
Thanks.
A V Vishal
(Expert) 26 May 2009
Dear Ghanshyam
According to HMA Act, S.28. Appeals from decrees and orders.-(1) All decrees made by 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 proceedings 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 lie 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 subject of costs only.
(4) Every appeal under this section shall be preferred within a period of thirty days from the date of the decree or order.
SANJAY DIXIT
(Expert) 27 May 2009
Since orders under section 24 granting pendente lite maintenance is a judgment, so appeal will lie under sub-section (1) of section 19 of the Family Court Act, 1984.
SANJAY DIXIT
(Expert) 27 May 2009
Dear Ghanshyam,
There is a full bench ruling of Allahabad High court in this regard.
Smt Kiranbala Srivastava vs. Jai Prakash Srivastava
Lucknow Civil Decisions Vol-23 Part (1)
[2005 (23) LCD 1]
B.B.R.Goud.
(Expert) 01 June 2009
i do agree with learned friends...
