Remeggious Krishnan vs Anne Anshumathi Raj
2024 Latest Caselaw 17930 Mad

Madras High Court

Remeggious Krishnan vs Anne Anshumathi Raj on 9 September, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                               C.M.A.No.9 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 09.09.2024

                                                      CORAM

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

                                               C.M.A.No.9 of 2023
                                            and C.M.P.No.6198 of 2023


                     Remeggious Krishnan
                     S/o.Late Krishnan                                        ..Appellant

                                                     Vs.

                     Anne Anshumathi Raj
                     W/o.Remeggious Krishnan                                  ..Respondent



                     Prayer: The Civil Miscellaneous Appeal is filed under Section 19 of
                     Family Courts Act to set aside the fair and decreetal order dated
                     29.06.2022 passed in I.A.No.1 of 2019 in O.P.No.1308 of 2019 by the
                     Family Court, Chennai.



                                          For Appellant      : Ms.S.P.Arthi

                                          For Respondent    : No appearance

                                                           -----


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                     Page 1/5
                                                                                    C.M.A.No.9 of 2023



                                                        JUDGMENT

(The order of the Court was made by Mrs.J.NISHA BANU, J.)

This Civil Miscellaneous Appeal has been filed by the

appellant/husband challenging the fair and decreetal order dated

29.06.2022 passed in I.A.No.1 of 2019 in O.P.No.1308 of 2019 by the

Family Court, 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

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Miscellaneous Appeal.

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.)

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                                                        09.09.2024
                     asi

                                                         J. NISHA BANU, J.
                                                                      and
                                                        R.KALAIMATHI, J.

                                                                            asi



                     To

                     The Family Court, Chennai.










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



                                     09.09.2024




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