J. Tamil Azhagan vs A. Priyanka
2024 Latest Caselaw 19784 Mad

Madras High Court

J. Tamil Azhagan vs A. Priyanka on 21 October, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                         C.M.A.No.961 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.961 of 2023
                                            and C.M.P.No.8797 of 2023

                     J. Tamil Azhagan                                    ..Appellant

                                                     Vs.

                     A. Priyanka                                         ..Respondent


                     Prayer: The Civil Miscellaneous Appeal is filed under Section 19 of
                     Family Courts Act against the order and decree dated 12.04.2022 in
                     I.A.No.3 of 2021 in F.C.O.P.NO.70 of 2020 on the file of the Family
                     Court Judge, Vellore, Vellore District.


                                   For Appellant     : Mr.N.Sudharsan

                                   For Respondent    : Ms.K.P.Kaveri




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                     Page 1/4
                                                                                    C.M.A.No.961 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/husband against the order and decree dated 12.04.2022 in

I.A.No.3 of 2021 in F.C.O.P.NO.70 of 2020 on the file of the Family

Court Judge, Vellore, Vellore District.

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 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

J. NISHA BANU, J.

and

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R.KALAIMATHI, J.

asi

To

The Family Court Judge, Vellore, Vellore District.

21.10.2024

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