This is a revision petition filed under Section 19(4) of the Family Court Act challenging an interlocutory order granting interim maintenance. The High Court held that revisions against interlocutory orders are not maintainable under the said provision and dismissed the petition.
Revision petition dismissed as not maintainable against an interlocutory order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
RPFC No. 1 OF 2024
BETWEEN:
…PETITIONER
(BY SRI SIDDAPPA B. M., ADVOCATE)
AND:
Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA
RESPONDENT No.2 TO 4 SINCE MINORS, REPRESENTED BY HER NATURAL MOTHER AND GUARDIAN RESPONDENT No.1, ALL ARE RESIDING AT# 3RD CROSS, BHAGATH SING NAGARA,
NC: 2024:KHC:1497 RPFC No. 1 of 2024
NEAR STAR KALYANA MANTAPA, DAVANAGERE - 577002.
…RESPONDENTS
THIS RPFC IS FILED UNDER SECTION 19(4) OF THE FAMILY COURT ACT., PRAYING TO SET ASIDE THE ORDER DATED 21.10.2023 PASSED ON IA NO.II IN CRL.MISC No.310/2022 ON THE FILE OF JUDGE, FAMILY COURT, DAVANAGERE AND FURTHER BE PLEASED TO DISMISS THE INTERIM MAINTENANCE APPLICATION FILED BY THE RESPONDENTS HEREIN BY ALLOWING THIS REVISION PETITION. THIS RPFC COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The office has raised an objection regarding
maintainability of the revision petition on the reason that the order impugned is an interlocutory order passed on I.A. II granting interim maintenance.
NC: 2024:KHC:1497 RPFC No. 1 of 2024
The certified copy of the impugned order annexed to the revision petition shall be returned to the petitioner by placing a copy of the same on record, at the cost of the petitioner.
Sd/JUDGE
MV List No.: 1 Sl No.: 11
2 issues framed by the court
Whether a revision petition under Section 19(4) of the Family Court Act is maintainable against an interlocutory order granting interim maintenance.
Whether the office objection regarding maintainability should be accepted.
1 provisions across 1 enactments
Abdul Mujeeb
Aafreen Taj
Shaikh Hussain
Shaikh Wasif Hasan
Shaikh Ghulam Ahmed
Hanchate Sanjeevkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
