Uttarakhand High Court
Sompal vs Additional Family Court Judge And Anr on 4 August, 2017
Author: Sharad Kumar Sharma
Bench: Sharad Kumar Sharma
WPMS No. 1899 of 2006 Hon'ble Sharad Kumar Sharma, J.
There is no representation for the petitioner.
Mr. Tarun Lakhera, Brief Holder for the State of Uttarakhand.
In the writ petition, the petitioner has questioned the order passed by the Additional Judge, Family Court, Roorkee, while exercising powers under Section 24 of the Hindu Marriage Act.
An order passed under Section 24 of the Hindu Marriage Act intends to grant pendente lite maintenance to either of the spouses, who is unable to sustain himself or herself, under the Hindu Marriage Act, by virtue of Section 21 of the Act, as made applicable and, thus, order passed on an application filed under Section 24 of the Act takes a shape of an interlocutory order and would be appealable by way of filing of an Appeal from Order. This principle has already been decided by the Division Bench of this Court.
Since the writ petition is not maintainable, the same is dismissed with liberty to the petitioner to seek an appropriate remedy, if so advised, against the impugned order, where he can avail the benefit of Section 14 of the Limitation Act.
Interim order, if any, stands vacated.
(Sharad Kumar Sharma, J.)
Jitendra 04.08.2017