SATYA PRAKASH Vs. PREMLATA
LAWS(RAJ)-1995-9-32
HIGH COURT OF RAJASTHAN
Decided on September 14,1995

SATYA PRAKASH Appellant
VERSUS
PREMLATA Respondents

JUDGEMENT

M.A.A.KHAN, J. - (1.) THIS is a revision application Under Section 115 CPC against the order of the judge, Family Court dated 24.1.1995 passed on non -petitioner's application Under Section 24 of the Hindu Marriage Act, 1955 (the Marriage Act).
(2.) THE husband -petitioner filed before the Family Court, Ajmer a petition Under Section 13 of the Marriage Act against the wife -non -petitioner seeking dissolution of his marriage with the non -petitioner by a decree of divorce. After putting her appearance before the Court the wife/non -petitioner moved an application Under Section 24 of the Marriage Act seeking maintenance pendente lite @ Rs. 500/ - per month for herself and @ Rs. 300/ - per month for her minor child plus travelling expenses per date of hearing and litigation expenses. After hearing the learned Counsel for the parties on such application, the judge, Family Court granted maintenance pendente lite @ Rs. 500/ - per month, Rs. 700/ - per trip from Hissar to Ajmer and litigation expenses at Rs. 1500/ -. Aggrieved by such order of the learned Judge, the husband -petitioner has filed this revision application. At the very outset Mr. Mahendra Goyal, the learned Counsel for the non - applicant, raised a preliminary objection challenging the maintainability of this revision application Under Section 115 CPC. The learned Counsel submitted that Section 19 r/w Section 7 of the Family Courts Act, 1984 contemplatesanappeal only from the judgment or order passed by a Family Court. In this behalf he relied upon the decision of this Court in the case of S.K. Pareek v. Smt. Shubh Laxnti Pareek, RLR 1988(2)372.
(3.) IN reply Mr. B.L. Gupta, the learned Counsel for the petitioner submitted that me Family Courts (Amendment) Act, 1971 has extended the scope of jurisdiction of this Court and a revision application is now maintainable Under Section 19(4) of the Family Courts Act.;


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