1 lpa73.11 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 73 OF 2011 IN WRIT PETITION NO. 11731 OF 2010 _________________________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | orders or | Court's or Judge's Orders directions and | Registrar's orders | _________________________________________________________________________________ Shri V.M. Kagne, Advocate for the appellant. Shri Hemant Surve, Advocate for respondent. ..... CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. Date : 19th July, 2011. . The present Letters Patent Appeal has been directed against the order passed by the learned Single Judge on 13th January, 2011 in Writ Petition no. 11731 of 2010, rejecting the Petition filed by the appellant on the ground that the appellant has an alternate remedy of filing appeal under Section 19 of the Family Courts Act, 1984. 2. It is undisputed that an order directing the payment of maintenance was passed pending the hearing and final disposal of Petition for divorce, filed by the respondent-husband. The provisions of Section 19 of 2 lpa73.11 the Family Courts Act, do not permit filing of an appeal in respect of such an order passed under Section 24 of the Hindu Marriage Act, 1955. 3. In the case of "Sunil Hansraj Gupta V/s Payal Sunil Gupta" reported at "1991(2) Bom. C.R. 520", the Division Bench of this Court has held that an appeal against an interim order, directing the payment of maintenance is not maintainable under Section 19 of the Family Courts Act, 1984. Therefore, in our opinion, the order is erroneous and must be set aside. 4. Accordingly, the appeal is allowed. The impugned order is set aside. The Writ Petition shall be decided in accordance with law. ( M. T. JOSHI, J. ) (SMT. NISHITA MHATRE, J) ga s/lpa73.11