Maria Amal Raja vs Subhashini @ Jesika
2024 Latest Caselaw 19487 Mad

Madras High Court

Maria Amal Raja vs Subhashini @ Jesika on 17 October, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                                C.M.A.No.3057 of 2023

                                   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.3057 of 2023
                                                         and
                                                C.M.P.No.28870 of 2023

                     Maria Amal Raja,
                     S/o.Joseph Marimuthu                                        ..Appellant

                                                        Vs.

                     Subhashini @ Jesika
                     D/o.Late Nagaraj                                            ..Respondent


                     Prayer:

                                      Civil Miscellaneous Appeal filed under Section 19 of Family

                     Courts Act to set aside the fair and decreetal order dated 09.12.2020 in

                     I.A.No.3978 of 2018 in O.P.No.795 of 2017 passed by the III Additional

                     Family Judge, Chennai.

                                      For Appellant     : Mr.P.Muthu Esakia

                                      For Respondent    : Mr.Suchit Anant Palande


https://www.mhc.tn.gov.in/judis
                     Page 1/4
                                                                                      C.M.A.No.3057 of 2023

                                                      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 challenging fair and decreetal order dated 09.12.2020

in I.A.No.3978 of 2018 in O.P.No.795 of 2017 passed by the III

Additional Family Judge, Chennai.

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.

3. Learned counsel for the appellant seeks permission of this Court https://www.mhc.tn.gov.in/judis

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. Consequently,

connected miscellaneous petition is closed.

                                                                       (J.N.B,J.)    (R.K.M., J.)
                     Index              : Yes / No                           17.10.2024
                     Internet           : Yes
                     vsi

                     To

The III Additional Family Judge, Chennai.

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

J. NISHA BANU, J.

and R.KALAIMATHI,J.

vsi

17.10.2024

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