Madras High Court
Rajesh vs Minor. Thushara on 21 October, 2024
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A.No.275 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
C.M.A.No.275 of 2023
and C.M.P.No.2125 of 2023
Rajesh
S/o.Munirathnam ..Appellant
Vs.
Minor. Thushara
D/o.M.Rajesh
(Rep. by her Natural Guardian
the mother R.Madhumitha) ..Respondent
Prayer: The Civil Miscellaneous Appeal is filed under Section 19 of
Family Courts, Act, 1984, to set aside the order dated 30.11.2022 passed
by the I Additional Family Court, Chennai, in I.A.No.1 of 2021 in
O.S.No.1611 of 2022.
For Appellant : Mr.M.Velmurugan
For Respondent : Mr.S.Vasudevan
-----
https://www.mhc.tn.gov.in/judis
Page 1/4
C.M.A.No.275 of 2023
JUDGMENT
(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/
father to set aside the order dated 30.11.2022 passed by the I Additional
Family Court, Chennai, in I.A.No.1 of 2021 in O.S.No.1611 of 2022.
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.
https://www.mhc.tn.gov.in/judis
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Miscellaneous Appeal is dismissed as withdrawn with liberty to file Civil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 Civil Revision Petition, for the purpose
of limitation, the period spent in prosecuting the Civil Miscellaneous
Appeal 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.)
21.10.2024
asi
https://www.mhc.tn.gov.in/judis
J. NISHA BANU, J.
and
R.KALAIMATHI, J.
asi
To
The I Additional Family Court, Chennai.
21.10.2024
https://www.mhc.tn.gov.in/judis
