K.Radhakrishnan vs R.Chitra
2024 Latest Caselaw 17932 Mad

Madras High Court

K.Radhakrishnan vs R.Chitra on 9 September, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                                C.M.A.No.2408 of 2024

                                  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.2408 of 2024
                                                          and
                                                  C.M.P.No.19116 of 2024


                     K.Radhakrishnan                                       ..Appellant

                                                        Vs.

                     R.Chitra                                              ..Respondent



                     Prayer: Civil Miscellaneous Appeal filed under Section 19 (1) of Family
                     Courts Act against the fair and decreetal order dated 12.12.2022 passed
                     in I.A.No.1 of 2020 in O.P.No.3288 of 2017 passed by VII Additional
                     Family Court at Chennai directing the appellant to pay the interim
                     maintenance to the respondent.

                                  For Appellant    : Mr.V.V.Giridhar




https://www.mhc.tn.gov.in/judis
                     Page 1/4
                                                                                 C.M.A.No.2408 of 2024

                                                      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

12.12.2022 passed in I.A.No.1 of 2020 in O.P.No.3288 of 2017 passed

by VII Additional Family Court at 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

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 CRP, for the purpose of limitation,

the period spent in prosecuting the CMA 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.

                                                                       (J.N.B,J.)    (R.K.M., J.)
                     Index              : Yes / No                           09.09.2024
                     Internet           : Yes
                     sk

                     To

The VII Additional Family Court Judge, Chennai.

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

J. NISHA BANU, J.

and R.KALAIMATHI,J.

sk

09.09.2024

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