Section 24 of hindu marriage act
Adv.Mahendra Vairagade
(Querist) 06 April 2013
This query is : Resolved
Hi,
i have an case in which civil judge Senior division has passed an order u/s 24 of Hindu marriage act and directed to pay 4000/- per month to applicant wife.Now plz tell me this order is revisable or i have to approached under art.226 and 227 before High court or anything else.plz guide me.
Nadeem Qureshi
(Expert) 06 April 2013
Dear QUERIST
this is interim or interlocatory order and the revison will be lie, you can file a revision before district judge.
Feel free to call
Devajyoti Barman
(Expert) 06 April 2013
Where do you belong?
In many states like WB revisison is not allowed for interlocutory order.
If it is permissible in your state then go for it.
Else filing application under Article 227 before the high court is only option.
Raj Kumar Makkad
(Expert) 06 April 2013
Revision do not lie rather a misc. appeal shall lie before Sessions Judge.
prabhakar singh
(Expert) 06 April 2013
Still not clear/ Where are you located?
Is there no family court established so far?
You stated order have been passed by civil judge Senior division !
What pecuniary jurisdiction for appeals before D.J. have been fixed in your state?
What valuation of suit is?
For an appeal or revision before D.J./or H.C. would depend on these facts.
Orders from family court would go to High Court for certain.
Devajyoti Barman
(Expert) 06 April 2013
IN WB no such order can be passed by the civil judge. Only court of district judge rank can pass such type of order.
prabhakar singh
(Expert) 06 April 2013
You are right Mr. Barman!
A family court judge always have a rank status of ADJ.
Even if no family court is established,the jurisdiction to entertain such petitions should vest in D.J. court as court of institution.
Adv. Chandrasekhar
(Expert) 06 April 2013
Applications under Section 24 of HMA can be adjudicated by ADJ rank or family courts. A revision / civil misc. main lies before High Court. A review application can also be filed before the same ADJ who passed the order, if you can carve out grounds of change of circumstances to review the order.
