Murali v. M.Shanthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.08.2024

CORAM:

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MRS. JUSTICE R.KALAIMATHI Murali ..Appellant Vs.

M.Shanthi ..Respondent PRAYER: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1984, against the order dated 02.02.2023 passed by the learned VII Additional Family Court Judge, Chennai allowing I.A.No.1 of 2022 in O.P.No.1318 of 2020.

For Appellant : Mr.K.Santhakumari For Respondent : Mr.A.Tamil Selvan

J U D G M E N T

(Judgment of the Court was delivered by J.NISHA BANU, J.) This Civil Miscellaneous Appeal has been filed against the order dated 02.02.2023 passed by the learned VII Additional Family Court Judge, Chennai allowing I.A.No.1 of 2022 in O.P.No.1318 of 2020. Page No.1 of 4

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 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. In view of the said judgments, the Civil Miscellaneous Appeal is dismissed as not maintainable. On filing of the C.R.P., for the purpose of limitation, the period spent in prosecuting the C.M.A. shall be excluded. No costs. Consequently, connected miscellaneous petition is closed. Page No.2 of 4

4. 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.

(J.N.B., J.) (R.K.M., J.) 28.08.2024 Index : Yes / No Internet : Yes sts To The VII Additional Family Court Judge, Chennai.

Page No.3 of 4

J. NISHA BANU, J.

and R.KALAIMATHI, J.

sts Judgment made in Dated:

28.08.2024 Page No.4 of 4