P.Vigneswaran vs M.Gayathri
2024 Latest Caselaw 2122 Mad

Madras High Court

P.Vigneswaran vs M.Gayathri on 1 February, 2024

Author: G.Jayachandran

Bench: G.Jayachandran

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 01.02.2024

                                                        CORAM:

                                  THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN
                                                     AND
                                      THE HON'BLE MR JUSTICE C.KUMARAPPAN

                                           C.M.P(MD)No.14042 of 2023
                                                      in
                                          C.M.A(MD)SR.No.69222 of 2023
                                                     and
                                           C.M.A(MD)No.69222 of 2023


                 P.Vigneswaran                           ... Petitioner/Appellant in C.M.P(MD)No.
                                                                             14042 of 2023

                                                         .Vs.

                 M.Gayathri                              ... Respondent/Respondent in C.M.P(MD)
                                                                     No.14042 of 2023

                 PRAYER IN C.M.P(MD)NO.14042 OF 2023: Civil Miscellaneous Petition
                 filed under Section 5 of the Limitation Act praying this Court to condone the
                 delay of 93 days in filing the above Civil Miscellaneous Appeal as against the
                 order made in I.A.No.4 of 2022 in H.M.O.P.No.7 of 2022, dated 01.03.2023, on
                 the file of Family Court, Thanjavur.


                 PRAYER IN C.M.A(MD)SR.No.69222 of 2023: Civil Miscellaneous Appeal

                 1/5

https://www.mhc.tn.gov.in/judis
                 filed under Section 19 of the Family Courts Act praying this Court to set aside the
                 order made in I.A.No.4 of 2022 in H.M.O.P.No.7 of 2022, dated 01.03.2023, on
                 the file of Family Court, Thanjavur.


                                  For Appellant/          : Mr.J.Jeyakumaran
                                  Petitioner

                                  For Respondent          : Mr.A.Arun Prasad


                                               COMMON JUDGMENT

DR.G.JAYACHANDRAN,J.

AND C.KUMARAPPAN,J.

This Civil Miscellaneous Petition is filed seeking to condone the delay of

93 days in filing the above Civil Miscellaneous Appeal as against the order made

in I.A.No.4 of 2022 in H.M.O.P.No.7 of 2022, dated 01.03.2023, on the file of

Family Court, Thanjavur.

2.The husband has preferred this Civil Miscellaneous Appeal with a delay

of 93 days being aggrieved by the interim maintenance awarded by the Family

Court, Thanjavur. To entertain the appeal with a delay of 93 days, this Court

passed a conditional order on 04.01.2024 stating that the delay of 93 days in

https://www.mhc.tn.gov.in/judis filing the appeal will be condoned only if the Petitioner pays the arrears of

maintenance as ordered by the Court below.

3.When the matter is taken up for hearing today, the learned counsel for the

Petitioner/appellant submitted that the conditional order passed by this Court has

not been complied with.

4.In view of the above, the Civil Miscellaneous Petition for condoning the

delay is dismissed. Consequently, the main Civil Miscellaneous Appeal at SR

stage is dismissed. No costs.

[G.J.,J.] [C.K.,J.] 01.02.2024

NCS : Yes/No Index : Yes / No Internet : Yes / No vsn

To

1.The Judge, Family Court,

https://www.mhc.tn.gov.in/judis Thanjavur.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis DR.G.JAYACHANDRAN, J.

and C.KUMARAPPAN,J.

vsn

COMMON JUDGMENT MADE IN

in C.M.A(MD)SR.No.69222 of 2023 and

01.02.2024

https://www.mhc.tn.gov.in/judis