IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.350 of 2010 GUPTESHWAR TIWARI . Versus SMT. MADHUBALA DEVI . ----------- 4 06.08.2010 This appeal has been preferred against the order of the Principal Judge, Family Court, Rohtas at Sasaram, passed under section 24 of the Hindu Marriage Act 1955. Learned counsel for the respondent has raised a preliminary objection that in view of section 19 (1) of the Family Courts Act 1984 , this appeal is not maintainable because recently a Full Bench of this Court in the case of Neelam Kumari Sinha Versus Shri Prashant Kumar 2010(3) PLJR 632 has held that an order under section 24 of the Hindu Marriage Act 1955 has to be treated as an interlocutory order against which appeal is not maintainable in view of section 19 (1) of the Family Courts Act. It is admitted that according to Full Bench such an appeal may be converted into an application under section 227 of the Constitution of India. Prayer of the learned counsel for the appellant to convert this appeal into an application under section 227 of the Constitution of India is allowed. Appellant may take all required steps for converting this appeal into an application under Article 227 of the Constitution of India within a period of two weeks, - 2 - failing which this appeal shall stand dismissed without further reference to a Bench. It goes without saying that after the appeal is converted, the same shall be listed before appropriate Bench without any delay. (Shiva Kirti Singh, J) ( Birendra Prasad Verma, J. ) M.Rahman