A.Sabari Ganesan v. K.Nandhini

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.10.2024

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU and THE HONOURABLE MRS. JUSTICE R.KALAIMATHI C.M.A.No.1365 of 2022 and C.M.P.No.9897 of 2022 A. Sabari Ganesan ..Appellant Vs.

K. Nandhini ..Respondent Prayer: The Civil Miscellaneous Appeal is filed under Section 19 of Family Courts Act against the order and decree dated 13.10.2021 made in I.A.No.1 of 2019 in H.M.O.P.No.1062 of 2018 on the file of the Additional Principal Family Judge (Additional District Judge), Coimbatore.

For Appellant : Mr.V.G.Suresh Kumar For Respondent : Mr.P.A.Elanthamilarvalan - - - - - Page 1/4

JUDGMENT

(Judgment of the Court was delivered by J. Nisha Banu, J and R. Kalaimathi, J) This Civil Miscellaneous Appeal has been filed by the appellant/ husband against the order and decree dated 13.10.2021 made in I.A.No.1 of 2019 in H.M.O.P.No.1062 of 2018 on the file of the Additional Principal Family Judge (Additional District Judge), Coimbatore.

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.

Page 2/4

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view of the endorsement made by the learned counsel for the appellant, this Civil Miscellaneous Appeal is dismissed as withdrawn with liberty to file Civil Revision Petition.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.) 15.10.2024 asi Page 3/4

J. NISHA BANU, J.

and R.KALAIMATHI, J.

asi To The Additional Principal Family Judge (Additional District Judge), Coimbatore.

C.M.A.No.1365 of 2022 and C.M.P.No.9897 of 2022 15.10.2024 Page 4/4