JOYDEEP SUR Vs. PRONITA SUR

JUDGEMENT

(1.) First of all, learned counsel for the respondent/wife raised the point of maintainability. He argued that since the order under appeal was an interim order under S.26 of the Hindu Marriage Act, 1955 it was not appealable under Section 28 thereof.

(2.) We have gone through Section 26 in detail. It provides for certain stages of a proceeding. Section 26 envisages a kind of a mini proceeding within the main proceeding for custody of a child where an order may be final or interlocutory. Again the final order in the Section 26 application can be incorporated in the decree in the matrimonial proceeding. The final order is appealable.

(3.) In this case, the matrimonial proceeding has not been decreed. However, a proceeding under Section 26 has attained finality by passing the impugned order dated 23rd August, 2016.