A. Mathiyanban vs T.Preethi
2024 Latest Caselaw 19009 Mad

Madras High Court

A. Mathiyanban vs T.Preethi on 26 September, 2024

Author: J.Nisha Banu

Bench: J.Nisha Banu

                                                                               C.M.A.No.1828 of 2023

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 26.09.2024

                                                      CORAM

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

                                              C.M.A.No.1828 of 2023


                     A. Mathiyanban
                     S/o. K.Anbalagan                                            ..Appellant

                                                      Vs.

                     T.Preethi
                     W/o. Mathiyanban
                     ..Respondent


                     Prayer: The Civil Miscellaneous Appeal is filed under Section 19 of
                     Family Courts Act to set aside the order dated 25.04.2023 passed in
                     I.A.No.3 of 2023 in H.M.O.P.No.193 of 2022 by the Family Court,
                     Krishnagiri and to allow the above Civil Miscellaneous Appeal.


                                          For Appellant      : Mr.B.Thirumalai

                                          For Respondent     : Mr.R.Poornima

                                                            -----



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                                                                                 C.M.A.No.1828 of 2023




                                                        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

25.04.2023 passed in I.A.No.3 of 2023 in H.M.O.P.No.193 of 2022 by

the Family Court, Krishnagiri

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.

                                                                         (J.N.B., J.)       (R.K.M.,
                     J.)
                                                                              26.09.2024
                     asi

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J. NISHA BANU, J.

and R.KALAIMATHI, J.

asi

To

The Family Court, Krishnagiri

26.09.2024

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