Friday, March 29, 2024

Order of Interim / Pendente Lite Maintenance U/S 24 Hundu Marriage Act is 'Interlocutory'; Not Appealable: Madras High Court

 The Madras High Court clarified that orders of interim/Pendente Lite maintenance issued under Section 24 of the Hindu Marriage Act are 'interlocutory orders", and appeals against such orders are not permissible under either Section 28 of the Hindu Marriage Act or Section 19 of the Family Courts Act.


In that context, the Bench of Justice M Sundar and Justice K Govindarajan Thilakavadi further observed that, "a petition under Article 227 of the Constitution of India will be maintainable as the orders made by Family Courts under Section 24 of the HM Act cannot be left to be final without further judicial review by High Court. To be noted, we are informed that prior to FC Act and aforementioned amendment to Section 28 of HM Act, only such revisions were being filed."

Judgements Passed by various courts in India

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