Order Of Interim /Pendente Lite Maintenance U/S 24 Hindu Marriage Act Is 'Interlocutory'; Not Appealable: Madras HC

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."

Senior Counsel N Jothi appeared for the petitioner, while Senior Counsel T Murugamanickam appeared for the respondents.

In a case involving a husband and wife engaged in divorce proceedings, both parties contested an interim order issued by a family court in Erode. The order granted maintenance to the wife for her monthly expenses and legal costs during the ongoing divorce proceedings. The husband challenged the order, arguing against the maintenance award, while the wife sought an increased amount.

Both parties filed civil miscellaneous applications under Section 19 of the Family Courts Act. However, during the proceedings, it became apparent that there were conflicting judgments from various High Courts regarding the admissibility of such CMAs. The Supreme Court had not provided clarity on this matter either.

Recognizing this ambiguity, the High Court consolidated similar cases and framed the question: "Are statutory appeals under Section 19 of the Family Courts Act permissible against challenged orders, considering the phrase '...not being an interlocutory order...' in subsection (1) of Section 19 of the Family Courts Act, 1984?"

The High Court came to the following conclusions:

(a) Against an order of interim maintenance / pendente lite maintenance made under Section 24 of The Hindu Marriage Act, a appeal will not lie either under Section 28 of Hindu Marriage Act or under Section 19 of Family Courts Act;

(b) However, a revision under Article 227 of the Constitution of India will lie to this Court against an order of interim maintenance / pendente lite maintenance made under Section 24 of the Hindu Marriage Act irrespective of whether it is made by a regular civil court or a Family Court;

(c) As an order of interim maintenance / pendente lite maintenance made under section 24 of the Hindu Marriage Act is only for a period of time, it can be reviewed / varied and it is an interlocutory order;

(d) As we are holding that appeal under Section 28 of the Hindu Marriage Act will not lie as against an order of interim maintenance / pendente lite maintenance under Section 24 of the Hindu Marriage Act but the same will be amenable for a revision to this Court under Article 227 of the Constitution of India, it will be open to appellants in pending appeals to seek withdrawal of such appeals for filing a revision and on such withdrawal plea being made, all rights for filing revision under Article 227 of the Constitution of India will stand preserved and the period spent in appeal under Section 28 of the Hindu Marriage Act or for that matter under Section 19 of the Family Courts Act will stand excluded if the question of delay is brought up in a revision under Article 227. We are conscious that there is no limitation for constitutional remedy under Article 227 and we are making this position clear as delay can be brought up either in the form of laches or in any other form;

(e) The aforementioned preservation of rights and liberty to file revision under Article 227 of the Constitution of India will apply to District Courts as well as this Court.

Cause Title: S.Menaka vs K.S.K.Nepolian Socraties

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