PRADEEP NANDRAJOG, J. - (1.) Whether an order passed under Section 24 of the Hindu Marriage Act, 1955 by the Presiding Officer of a Family Court is an appealable order or not is the question referred to the Full Bench of this Court.
(2.) Currently a Division Bench judgment of this Court dated 19.11.2010 in Civil Misc.Appeal No.4559/2009 Ajay Malik V/s Smt.Shashi holds the field and the view taken is that the appeal is not maintainable. The finding in para 5 is the opinion of the Court and we find that there is no discussion therein. In para 5 of the decision of the Division Bench it is recorded as under:- "5. This Court has considered contentions advanced by Counsel for parties, and with their assistance, examined material on record. We find substance in the preliminary objection raised by Counsel for respondent. U/s 19(1) of the Act, 1984 an appeal lies against every judgment or order but not being an interlocutory order of the Family Court to the High Court both on facts and on law. In the instant case, the order impugned has been passed by the learned Family Court granting pendente lite maintenance U/s 24 of HM Act is certainly an interlocutory in nature; in such circumstances, in view of S.19(1) of HM Act, instant misc. appeal is maintainable."
(3.) There appears to be a typographical error in the last line of paragraph 5 and the word 'not' between the last two words 'is' and 'maintainable' is missing.;