Muthukumar vs Peratchiselvi
2024 Latest Caselaw 18158 Mad

Madras High Court

Muthukumar vs Peratchiselvi on 11 September, 2024

Author: P.Velmurugan

Bench: P.Velmurugan

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                     DATED : 11.09.2024

                                                         CORAM:

                                  THE HONOURABLE MR.JUSTICE P.VELMURUGAN
                                                    AND
                                  THE HON'BLE MR.JUSTICE K.K.RAMAKRISHNAN

                                              C.M.A(MD)No.1145 of 2018
                                                       and
                                              C.M.P(MD)No.11742 of 2018


                 Muthukumar                                ... Appellant/Respondent/Petitioner

                                                            .Vs.

                 Peratchiselvi                             ... Respondent/Petitioner/Respondent

                 PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the Family
                 Courts Act to set aside the judgment and decree passed in I.A.No.558 of 2018 in
                 H.M.O.P.No.52 of 2018, dated 28.09.2018, on the file of Family Court,
                 Tirunelveli.
                                    For Appellant          : Mr.M.Karunanidhi

                                    For Respondent         : Mr.P.Sivachandran




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                                                            JUDGMENT

                                  (Order of the Court was made by P.VELMURUGAN,J)


                           This Civil Miscellaneous Appeal is filed against the judgment and decree

                 passed in I.A.No.558 of 2018 in H.M.O.P.No.52 of 2018, dated 28.09.2018, on

                 the file of Family Court, Tirunelveli.



                           2.Heard the learned counsel appearing on either side and perused the

                 materials placed before this Court.



                           3.The appellant/husband filed H.M.O.P.No.52 of 2018, on the file of

                 Family Court, Tirunelveli for divorce against the respondent/wife. Pending the

                 H.M.O.P, the respondent filed an application seeking interim maintenance and the

                 same was ordered by the Family Court               granting a sum of Rs.7,000/-to the

                 respondent towards interim maintenance and               a sum of Rs.10,000/- to the

                 respondent          towards   litigation    expenses.   Challenging   the   same,   the

                 appellant/husband has filed the present Civil Miscellaneous Appeal.



                           4.It is represented that during the pendency of the appeal, main M.C.No.60

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                 of 2018 itself was disposed on merits on 08.01.2021, wherein, the Family Court,

                 Tirunelveli also considered the said application and granted a sum of Rs.7,500/-

                 p.m as maintenance to the respondent herein. Therefore, once the main M.C itself

                 was disposed on merits and also permanent alimony is provided in the said order,

                 nothing survives for further adjudication in this Civil Miscellaneous Appeal.



                           5.In fine, the Civil Miscellaneous Appeal is dismissed as infructuous. No

                 costs. Consequently, connected Miscellaneous Petition is closed.



                                                                      (P.V.,J.)          (K.K.R.K.,J.)
                                                                                  11.09.2024



                 NCS : Yes/No
                 Index : Yes / No
                 Internet : Yes / No
                 vsn

                 To

                 The Judge,
                 Family Court,
                 Tirunelveli.




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                 Copy to

                 The Record Keeper,
                 V.R.Section,
                 Madurai Bench of Madras High Court,
                 Madurai.




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                                       P.VELMURUGAN,J.

and K.K.RAMAKRISHNAN,J.

vsn

JUDGMENT MADE IN

and

11.09.2024

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