Madras High Court
J.Shanmugapriya vs G.Thiviya Shankar on 20 November, 2024
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A.No.1940 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.11.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
AND
THE HONOURABLE MRS. JUSTICE R.SAKTHIVEL
C.M.A.No.1940 of 2015
and
M.P.No.1 of 2015
J.Shanmugapriya
W/o G.Thiviya Shankar ..Appellant
Vs.
G.Thiviya Shankar,
S/o M.Girija Shankar
2. M.Girija Shankar
3. Thangamani,
W/o M.Girija Shankar ..Respondents
Civil Miscellaneous Appeal filed under Section 19 of Family
Courts Act against the fair and decreetal order dated 19.05.2015 passed
in I.A.No.2806 of 2013 in O.P.No.1423 of 2012 on the file of learned
Principal Judge, Family Court, Chennai.
For Appellant : Ms.V.Ananthi
for Mr.Mohanamurali
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Page 1/4
C.M.A.No.1940 of 2015
For Respondent : Mr.G.Saravanakumar
JUDGMENT
(The Judgment of the Court was delivered by Mrs.J.Nisha Banu,J.)
This Civil Miscellaneous Appeal has been filed by the
appellant/wife challenging the order passed in I.A.No.2806 of 2013 in
O.P.No.1423 of 2012 by the learned Principal Judge, Family Court,
Chennai. The Interlocutory application has been filed as against her
husband/respondent herein seeking maintenance of Rs.30,000/- per
month to her minor daughter T.Hamsika. The Family Court has allowed
the application in part, directing the respondent/husband to pay a sum of
Rs.5,000/- per month to the child T.Hamsika as interim maintenance
from the date of the application till the date of disposal of the main O.P.
2. As per Section 19 of the Family Courts Act, an appeal against
the interlocutory application will not lie and an appeal will lie only as
against the judgment or order of the Family Court. Further, in the case of
G.V.N.S.Siva Prasad vs. V.Jyostna Devi made in C.M.A.No.1018 of
2022 dated 27.03.2024, the Division Bench of this Court, after referring
to the judgment of S.Menaka v. K.S.K. Nepolian Socraties and other
https://www.mhc.tn.gov.in/judis
cases (Batch) reported in 2024:MHC:1405 (Neutral Citation of Madras
High Court) and 2024 Live Law (Mad) 126 held that as against the
interlocutory applications/ interim maintenance, only Civil Revision
Petition under 227 of the Constitution of India, would lie and not Civil
Miscellaneous Appeal.
3. Learned counsel for the appellant seeks permission of this Court
to withdraw this appeal. He has also made an endorsement to that effect
in the case bundle.
4. In the light of the aforesaid judgment and in view of the
endorsement made by the learned counsel for the appellant, this Civil
Miscellaneous Appeal is dismissed as withdrawn with liberty to file Civil
Revision Petition. On filing of the CRP, for the purpose of limitation, the
period spent in prosecuting the CMA shall be excluded.
5. If the learned counsel for the appellant requests for return of
certified copy of the impugned order, the same shall be returned to him
forthwith under due acknowledgement. No costs.
(J.N.B,J.) (R.S.V., J.)
Index : Yes / No 20.11.2024
vsi (2/2)
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J. NISHA BANU, J.
and
R.SAKTHIVEL,J.
vsi
To
The Principal Judge, Family Court,
Chennai.
20.11.2024
(2/2)
https://www.mhc.tn.gov.in/judis
