D.Baskar v. Pachaiyammal @ Hemavathy
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.03.2024
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P.Nos.15902 of 2018 & 29058 of 2023 in D.Baskar S/o.V.Durairaj ... Appellant Vs.
Pachaiyammal @ Hemavathy D/o.K.Govindaraja Pillai .. Respondent Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1984, praying to set aside the fair and decreetal order dated 18.07.2018 passed by learned V Additional Family Judge, V Additional Family Court, Chennai (Full Additional Charge of VI Additional Family Court) in I.A.No.1183 of 2014 in O.P.No.4065 of 2013 as against award of maintenance amount of Rs.10,000/- per month.
Page Nos.1/5
For Appellant :
Mr.S.Xavier Felix For Respondent :
Mr.C.Balasubramanian
J U D G M E N T
[Judgment of the Court was made by M.SUNDAR, J.,] Captioned 'Civil Miscellaneous Appeal' [hereinafter 'CMA' for the sake of brevity] has been filed assailing an 'order of pendente lite maintenance/interim maintenance order' [hereinafter 'impugned order' for the sake of brevity, convenience and clarity] made under Section 24 of 'The Hindu Marriage Act, 1955 [25 of 1955]' {hereinafter 'HM Act' for the sake of brevity}.
2. This Court vide a detailed common judgment/order dated 21.03.2024 in S.Menaka v. K.S.K.Nepolian Socraties and other cases Court} and 2024 Live Law (Mad) 126 inter alia held that appeals against pendente lite maintenance/interim maintenance orders under Section 24 of HM Act are not maintainable but a revision under Article 227 of the Page Nos.2/5
Constitution of India would lie and preserved the rights of the appellants for preferring revision while giving closure to such CMAs.
3. In the aforementioned scenario, without dilating further on maintainability, suffice to say that captioned CMA will also be governed by S.Menaka v. K.S.K.Nepolian Socraties and other cases {Batch} reported in 2024:MHC:1405 and 2024 Live Law (Mad) 126 i.e., there would be closure and preservation of rights as in S.Menaka v. K.S.K.Nepolian Socraties and other cases {Batch} reported in 2024:MHC:1405 and 2024 Live Law (Mad) 126.
4. Ergo, the sequitur is captioned CMA is disposed of as not maintainable/closed albeit with preservation of rights in the aforementioned manner i.e., as in Menaka Principle.
5. As a further sequitur/consequence, captioned CMPs are also disposed of as closed.
Page Nos.3/5
6. Though obvious, it is made clear that in this order, this Court has not expressed any view or opinion on merits qua captioned CMA.
7. If learned counsel on record for appellant in the captioned CMA requests for return of certified copy qua impugned order, the same shall be returned forthwith to learned counsel on record for the appellant under due acknowledgment.
8. There shall be no order as to costs.
(M.S.,J.) (K.G.T.,J.) 27.03.2024 Index : Yes / No Speaking / Non-speaking mk P.S. I: Upload forthwith P.S.II : All concerned including the Registry of Madras High Court to act forthwith on the uploaded soft copy of this proceedings as uploaded in the official website of this Court. To be noted, the soft copies uploaded in the official website of this Court are water marked, besides being QR Coded. To 1.
Additional Principal Judge, Additional Family Court, Coimbatore.
2.
The Section Officer V.R. Section High Court, Madras.
3.
The Section Officer E.R. Section, High Court, Madras.
Page Nos.4/5
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J., mk 27.03.2024 Page Nos.5/5