Madhya Pradesh High Court
Anup Kumar vs Smt. Reena Alias Renu on 14 March, 2019
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 (Anup Kumar vs. Smt. Reena alias Renu) under Article 227 of the Constitution of India."
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 the Family Courts Act, 1984, would be available ?"
(Nandita Dubey) JUDGE jitin Digitally signed by JITIN KUMAR CHOURASIA Date: 2019.03.20 10:34:39 +05'30'