Report No. 98

Chapter 5

Appeal, Revision and Enforcement

5.1. Appeal and revision (interim orders).-

Questions have, we find, been raised as to the competence of revision against orders for interim maintenance passed under the Hindu Marriage Act.1 We have given some thought to the matter and have come to the conclusion that after the amendment of section 28 of the Act, there should be no difficulty or obscurity in this regard. Briefly stated, the position as clarified by amended section 28, is that an order for interim maintenance is not appealable. Revision is therefore permissible in law2 against such an order, but only if the High Court, in its discretion, regards the case as fit for interference by way of revision in the circumstances of the particular case. No amendment can better or alter this position, and none is therefore proposed.

1. Articles published in the Kerala Law Times: see footnotes to para. 3.4, supra.

2. Narendra Kumar v. Suraj Mehta, AIR 1982 AP 100.