M.Ramanathan vs N.Priyadarshini
2024 Latest Caselaw 18706 Mad

Madras High Court

M.Ramanathan vs N.Priyadarshini on 23 September, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                              C.M.A.No.4269 of 2019

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 23.09.2024

                                                      CORAM

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

                                              C.M.A.No.4269 of 2019


                     M.Ramanathan
                     S/o. Late Mahalingam                                      ..Appellant

                                                      Vs.

                     N.Priyadarshini
                     D/o.V.Narayanasamy                                        ..Respondent


                     Prayer: The Civil Miscellaneous Appeal is filed under Section 19 of
                     Family Courts Act against the order and decree dated 07.08.2019 passed
                     in I.A.No.45 of 2018 in O.P.No.1577 of 2017 pending on the file of the
                     VI Additional Family Court, Chennai.


                                          For Appellant      : Mr.K.Shankar

                                          For Respondent     : Mr.V.Udhaya Kumar

                                                            -----




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                                                                                 C.M.A.No.4269 of 2019



                                                        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

07.08.2019 passed in I.A.No.45 of 2018 in O.P.No.1577 of 2017 by the

VI Additional Family Judge, VI Additional 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

Miscellaneous Appeal.

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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.)
                                                                              23.09.2024
                     asi
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                                                               J. NISHA BANU, J.
                                                                            and
                                                              R.KALAIMATHI, J.

                                                                                   asi


                     To

                     The VI Additional Family Judge,

VI Additional Family Court, Chennai.

23.09.2024

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