Jaikumar vs R. Deepa
2024 Latest Caselaw 18167 Mad

Madras High Court

Jaikumar vs R. Deepa on 11 September, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                                  C.M.A.No.254 of 2024

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 11.09.2024

                                                          CORAM

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

                                                C.M.A.No.254 of 2024
                                          and C.M.P.No.2786 and 9444 of 2024

                Jaikumar
                S/o.Late. Siva                                              ..Appellant

                                                     Vs.

                R. Deepa
                D/o. Ramesh                                                 ..Respondent

                Prayer: The Civil Miscellaneous Appeal is filed under Section 19 of Family
                Courts Act against the order in I.A.No.1 of 2021 in O.P.No.2440 of 2020,
                dated 07.09.2023 passed by the learned I Additional Family Court, Chennai.
                                         For Appellant     : Ms.K.Ashwini

                                         For Respondent    : M/s.M.Udaya Bhanu

                                                      JUDGMENT

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

This Civil Miscellaneous Appeal has been filed by the appellant/husband

challenging the fair and decreetal order dated 07.09.2023 passed in I.A.No.1 of

2021 in O.P.No. 2440 of 2020 by the I Additional Family Court, Chennai.

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

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.

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.

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

On filing of the Civil Revision Petition within a period of two weeks. For the

purpose of limitation, the period spent in prosecuting the Civil Miscellaneous

Appeal shall be excluded. The interim stay already granted by this Court on

08.02.2024 shall continue for two weeks. As far as O.P.No.2440 of 2020 is

concerned, the proceedings shall go on.

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.) 11.09.2024 asi

Note:Registry is directed to issue order copy on 13.09.2024.

To

The I Additional Family Court, Chennai.

J. NISHA BANU, J.

and R.KALAIMATHI, J.

asi

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

and C.M.P.No.2786 and 9444 of 2024

11.09.2024

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