1
THE HIGH COURT OF MADHYA PRADESH
CR No. 150/2019
(Anup Kumar vs. Smt. Reena alias Renu)
Jabalpur, Dated: 14.03.2019.
Shri Sourabh Singh Thakur, learned counsel for the
petitioner.
Shri Anubhav Jain, learned counsel for the respondent.
This civil revision has been filed by the petitioner
aggrieved by an Order (Annexure-F) dated 05.12.2018
passed in H.M.No.33/2017 by Ist Addl. District Judge, Rehli,
District-Sagar whereby maintenance pendente lite of
Rs.5,000/- per month was allowed to the respondent on an
application under Section 24 of the Hindu Marriage
Act,1955.
Learned counsel for the respondent has raised an
objection regarding the maintainability of this civil revision.
Reliance is placed on an order of Division Bench of this
Court passed on 30.09.2015 in First Appeal No.
118/2015 (Sailesh Mishra vs. Vibha Tiwari) wherein the
Division Bench has held thus :-
“Against such order, neither an appeal under
sub-section (1) of section 19 nor a revision
under sub-section (4) thereof, shall lie. The
only remedy available to an aggrieved party
against such interlocutory order is to
challenge the same by filing a writ petition
2
THE HIGH COURT OF MADHYA PRADESH
CR No. 150/2019
On the other hand, learned counsel for the
petitioner has placed reliance on an order dated
26.10.2016 passed by another Division Bench of this
Court in F.A.No.764/2015 (Prafull Kumar vs. Smt.
Asha) wherein relying on the judgment passed in case
of Raghvendra Singh Choudhary vs. Smt. Seema
Bai reported in AIR 1989 MP 259, the Division Bench
has observed that order for interim maintenance passed
in a proceeding under Section 24 of the Hindu Marriage
Act,1955 affects the rights of the parties substantially
and, thus, it cannot be treated as an interlocutory order,
and First Appeal against that order is maintainable.
In the circumstances and looking to the conflict
between the two Division Bench decisions of this Court
referred to above, let this matter be placed before My
Lord Hon’ble the Chief Justice on administrative side for
3
THE HIGH COURT OF MADHYA PRADESH
CR No. 150/2019
(Anup Kumar vs. Smt. Reena alias Renu)
constitution of an appropriate Bench for decision on the
following issues :-
“(i) Whether an order passed under Section 24
of the Hindu Marriage Act, 1955 would be an
interlocutory order so that it will not be covered
under the meaning of Section 19(1) of the
Family Courts Act, 1984 ?
(ii) Whether against an order passed under
Section 24 of the Hindu Marriage Act, 1955, a
petition under Article 227 of the Constitution of
India or an appeal under Section 19(1) of theFamily Courts Act, 1984, would be available ?”
(Nandita Dubey)
JUDGE
jitinDigitally signed by JITIN KUMAR
CHOURASIA
Date: 2019.03.20 10:34:39 +05’30’
