G.V. Lakshmanan v. Dr.S. Shenbagavalli (Ent)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2024

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MRS. JUSTICE R.KALAIMATHI and CMP.No.9605 of 2023 G.V.Lakshmanan S/o.G.Venkatesan ..Appellant Vs.

Dr.S.Shenbagavalli (ENT) W/o.Lakshmanan ..Respondent Prayer:

Civil Miscellaneous Appeal filed under Section 19 of Family Courts Act r/w Section 28 of Hindu Marriage Act, 1955, to set aside the fair and decreetal order dated 18.02.2023 made in I.A.No.362 of 2015 in H.M.O.P.No.549 of 2014 on the file of the III Additional Principal Family Court at Chennai.

For Appellant : Mr.J.Ramesh For Respondent : No appearance Page 1/4

J U D G M E N T

(The 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 challenging the fair and decreetal order dated 18.02.2023 passed in I.A.No.362 of 2015 in H.M.O.P.No.549 of 2014 by the III Additional Principal Family Court at 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 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. Learned counsel for the appellant seeks permission of this Court Page 2/4

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view of the endorsement made by the learned counsel for the appellant, this Civil Miscellaneous Appeal is dismissed as withdrawn with liberty to file Civil Revision Petition.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 CRP, for the purpose of limitation, the period spent in prosecuting the CMA 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.) Index : Yes / No 14.10.2024 Internet : Yes vsi To The III Additional Principal Family Court, Chennai. J. NISHA BANU, J.

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and R.KALAIMATHI,J.

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