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A Family Court in Uttar Pradesh makes a final order after hearing both spouses, awarding the wife…

Section 19(4) of the Family Courts Act, 1984 gives the High Court revisional power over this non-interlocutory maintenance order. Section 19(2) excludes an appeal for this…

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A Family Court in Uttar Pradesh makes a final order after hearing both spouses, awarding the wife ₹5,000 per month under section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Which statutory route can the husband use to challenge the order?

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Answer and explanation

Correct answer D

Section 19(4) of the Family Courts Act, 1984 gives the High Court revisional power over this non-interlocutory maintenance order. Section 19(2) excludes an appeal for this class of order.

Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 re-enacts the corresponding maintenance jurisdiction. Section 8 of the General Clauses Act, 1897 carries forward the statutory reference.

Option feedback

Option A

The Family Courts Act does not provide a District Judge appeal against this maintenance order.

Option B

Section 19(2) of the Family Courts Act excludes an appeal for the specified class of maintenance orders.

Option C

Section 19(4) gives the relevant revisional power to the High Court.

Option D

The High Court may examine the correctness, legality or propriety of this final maintenance order and the regularity of the proceedings.

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