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Appeal against Interim Maintenance

Can an appeal lie against order of interim maintenance under sec 24 of Hindu Marriage act in High Court? Given the fact that wife is engaged in adultery and husband maintains their son and old mother

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Team Legistify

  • Answered on 02:22 PM, 28 Sep 18

An order passed u/s. 24 HMA being interlocutory is not appealable, however, a writ petition can be filed in the high court against the order.

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1159
Team Legistify

Team Legistify

  • Answered on 02:22 PM, 28 Sep 18

No appeal lies against an interlocutory order except if it is an appealable order. A writ petition is maintainable under Article 227 but the HC will not exercise its jurisdiction unless there is an error manifest on the record or the order is perverse.

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Insta Consult | Legistify
Insta Consult | Legistify