Madras High Court
Rajeswari vs Balaji Ganesh on 22 October, 2024
Author: J.Nisha Banu
Bench: J.Nisha Banu
C.M.A.Nos.1060 and 1062 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.10.2024
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU
and
THE HONOURABLE MRS. JUSTICE R.KALAIMATHI
C.M.A.Nos.1060 and 1062 of 2023
and C.M.P.No.9959 of 2023
Rajeswari ... Appellant
in both C.M.As.
Vs.
Balaji Ganesh ..Respondent
in both C.M.As.
Prayer: These Civil Miscellaneous Appeals are filed under Section 19(G)
of Family Courts Act, 1984, against the impugned fair and decreetal order
dated 26.10.2022 passed by the Principal Judge, Family Court at Chennai,
in I.A.Nos. 2 and 3 of 2021 in O.P.No.1648 of 2019.
For Appellant : Ms.R.Revathi
https://www.mhc.tn.gov.in/judis
Page 1/4
C.M.A.Nos.1060 and 1062 of 2023
JUDGMENT
(Judgment of the Court was delivered by J. Nisha Banu, J and R. Kalaimathi, J)
These Civil Miscellaneous Appeals have been filed by the
appellant/wife against the impugned fair and decreetal order dated
26.10.2022 passed by the Principal Judge, Family Court at Chennai, in
I.A.Nos. 2 and 3 of 2021 in O.P.No.1648 of 2019.
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
C.M.A.Nos.1060 and 1062 of 2023
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, these Civil
Miscellaneous Appeals are dismissed as withdrawn with liberty to file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.)
22.10.2024
asi
https://www.mhc.tn.gov.in/judis
C.M.A.Nos.1060 and 1062 of 2023
J. NISHA BANU, J.
and
R.KALAIMATHI, J.
asi
To
The Principal Judge, Family Court at Chennai.
C.M.A.Nos.1060 and 1062 of 2023
22.10.2024
https://www.mhc.tn.gov.in/judis
