A. Jayaraj Gandhi vs M. Jasmine Sudha
2024 Latest Caselaw 19474 Mad

Madras High Court

A. Jayaraj Gandhi vs M. Jasmine Sudha on 17 October, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                              C.M.A.No.2180 of 2022

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 17.10.2024

                                                      CORAM

                                   THE HONOURABLE MRS. JUSTICE J.NISHA BANU
                                                    and
                                  THE HONOURABLE MRS. JUSTICE R.KALAIMATHI

                                              C.M.A.No.2180 of 2022


                     A. Jayaraj Gandhi
                     S/o.Arokiasamy                                            ..Appellant

                                                      Vs.

                     M. Jasmine Sudha
                     W/o.A. Jayaraj Gandhi                                     ..Respondent



                     Prayer: The Civil Miscellaneous Appeal is filed under Section 19(1) of
                     Family Courts Act to set aside the order dated 11.12.2018 passed in
                     I.A.No.19 of 2018 in I.D.O.P.9 of 2018 on the file of the Family Judge of
                     Cuddalore.



                                          For Appellant      : Mr.R.Gururaj

                                          For Respondent     : Mr.J.Srinivasa Mohan

                                                            -----



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                     Page 1/4
                                                                                     C.M.A.No.2180 of 2022




                                                      JUDGMENT

(The judgment of the Court was delivered by J.Nisha Banu,J and R.Kalaimathi,J.)

This Civil Miscellaneous Appeal has been filed by the appellant/

husband to set aside the order dated 11.12.2018 passed in I.A.No.19 of

2018 in I.D.O.P.9 of 2018 on the file of the Family Judge of Cuddalore.

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

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.

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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.K.M., J.)
                     Index              : Yes / No                            17.10.2024
                     Internet           : Yes
                     vsi




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                                                       J. NISHA BANU, J.
                                                                    and
                                                      R.KALAIMATHI, J.

                                                                           vsi


                     To

                     The Family Judge, Cuddalore.









                                                                 17.10.2024




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