Pavithra vs Saravanan
2024 Latest Caselaw 17429 Mad

Madras High Court

Pavithra vs Saravanan on 3 September, 2024

Author: J. Nisha Banu

Bench: J. Nisha Banu

                                                                                     CMA.No.4549 of 2019

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED : 03.09.2024

                                                           CORAM

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

                                                 C.M.A.No.4549 oF 2019

                     Pavithra                                                      ....   Appellant

                                                             Vs.
                     Saravanan                                                     ...    Respondent

                     Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family
                     Court Act, praying to set aside the order passed in I.A.No.1 of 2019 in
                     I.A.No.3146 of 2017 in F.C.O.P.No.1251 of 2017, dated 09.04.2019 on the
                     file of the learned Principal Family Court Judge at Chennai and direct the
                     respondent to pay maintenance at the rate of Rs.15,000/- per month.


                                     For Appellant      : Mr.V.V. Sairam

                                     For Respondent     : notice served, no appearance




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                                                                                        CMA.No.4549 of 2019

                                                           JUDGMENT

[Judgment of the Court was made by J. NISHA BANU, J.]

The appellant has preferred this Civil Miscellaneous Appeal

challenging the order passed in I.A.No.1 of 2019 in I.A.No.3146 of 2017 in

F.C.O.P.No.1251 of 2017 by the learned Principal Family Court Judge at

Chennai and for a direction to the respondent to pay maintenance at the rate

of Rs.15,000/- per month.

2. Today, when the matter is taken up for hearing, the learned counsel

appearing for the appellant/wife, citing the judgment of this Court 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, wherein, it has been held that as per Section 19 of the

Family Courts Act, an appeal against the interlocutory application will not lie

and the appeal will lie only as against the judgment or order of the Family

Court and submitted that as against the interlocutory applications/ interim

maintenance, only Civil Revision Petition under Article 227 of the

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Constitution of India would lie and not Civil Miscellaneous Appeal. Stating

so, he seeks permission of this court to withdraw the CMA with liberty to file

Civil Revision Petition.

3. In view of the above, granting such liberty, this Civil Miscellaneous

Appeal is dismissed as withdrawn. On filing of Civil Revision Petition, for

the purpose of limitation, the period spent in prosecuting the CMA shall be

excluded. No costs.

4. 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.

                                                                             [J.N.B.,J.]    [R.K.M,J.]
                                                                                   03.09.2024
                     Index: yes/no
                     Internet:yes/no
                     msr

                     To


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The Principal Family Court at Chennai.

J. NISHA BANU, J.

& R. KALAIMATHI, J.

msr

03.09.2024

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