Manoj Kumar Goyal v. Shilpa
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.03.2024
CORAM
THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MRS. JUSTICE K.GOVINDARAJAN THILAKAVADI and C.M.P.No.17727 of 2022 in C.M.A.No.2298 of 2022 Manoj Kumar Goyal .. Appellant Vs 1.Shilpa 2.Senha (minor) 3.Rahul (minor) .. Respondents Civil Miscellaneous Appeal is preferred under Section 19 of the Family Courts Act, 1984 seeking to aside the order and decreetal order of VII Additional Judge, Family Court, Chennai dated 22.03.2022 made in I.A.No.2068 of 2017 in O.P.No.2617 of 2012.
For Appellant :
Mr.P.Willson for M/s.A.S.Kailasam and Associates - - - - Page Nos.1/7
JUDGMENT
[Judgment of the Court was made by M.SUNDAR, J.,] Captioned main Civil Miscellaneous Appeal has been filed assailing an order dated 22.03.2022 made in I.A.No.2068 of 2017 in O.P.No.2617 of 2012 on the file of VII Additional Family Court at Chennai. This 'order dated 22.03.2022' shall be referred to as 'impugned order' and 'VII Additional Family Court, Chennai' shall be referred to as 'said Family Court' both for the sake of convenience and clarity. This Court vide order dated 21.03.2024 (today) made in S.Menaka Vs. K.S.K.Nepolian Socraties (maintainability batch cases) reported applications under Section 24 of the 'Hindu Marriage Act, 1955 (Act 25 of 1955)' (hereinafter 'HM Act' for the sake of brevity) are interlocutory orders and appeals against the same are not maintainable. To be noted, aforesaid I.A.No.2068 of 2017 is an application under Section 24 of HM Act filed by the wife seeking pendente lite maintenance for herself and two minor Page Nos.2/7
children and impugned order has been made by said Family Court in this application.
Assailing the impugned order, husband has preferred captioned appeal, i.e., C.M.A.No.2298 of 2022 and has taken out C.M.P.No.17727 of 2022 thereat with a prayer for interim stay of operation of impugned order. In aforementioned S.Menaka's maintainability batch case rights and contentions of appellants in such matters for filing revision under Article 227 of the Constitution of India.
Be that as it may, without dilating further on S.Menaka's case and the captioned matter, suffice to say that captioned CMA and captioned CMP thereat will now stand governed by S.Menaka's maintainability batch In the light of the narrative thus far, Mr.P.Willson of M/s.A.S.Kailasam and Associates (Law Firm) being Law firm on record for appellant husband, who is also petitioner in captioned CMP has made Page Nos.3/7
endorsements in the case file and scanned reproduction of these endorsements are as follows:
C.M.A. No.2298 of 2022:
C.M.P.No.17727 of 2022 :
In the light of the narrative thus far, captioned CMA being Page Nos.4/7
C.M.A.No.2298 of 2022 and CMP thereat are disposed of as withdrawn / closed albeit preserving all the rights and contentions of appellant husband in the manner set out in S.Menaka's maintainability batch case. There shall be no order as to costs.
Mr.P.Willson, learned counsel requested for a direction to the Registry to return certified copy / copies qua impugned order for the purpose of preferring a revision under Article 227 of the Constitution of India. This request is acceded to. Registry is directed to return certified copy / copies qua impugned order forthwith to counsel on record for appellant under due acknowledgment.
To be noted, captioned CMA and CMP were listed today together with C.M.A.Nos.2268 and 2269 of 2022 preferred by the same appellant against dismissal of counter claim made by appellant husband and granting decree of divorce in a petition filed by respondent wife. As S.Menaka's order does not impact the maintainability of the other two matters, CMAs being C.M.A.Nos.2268 and 2269 of 2022 and CMPs thereat Page Nos.5/7
are detagged and those two CMAs are being dealt with separately by way of a separate order / proceedings made today.
(M.S.,J.) (K.G.T.,J.) 21.03.2024 Index : Yes / No Speaking / Non-speaking order vvk P.S.I :Upload forthwith.
P.S.II: All concerned 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.VII Additional Family Court, Chennai.
2.The Section Officer, V.R. Section, High Court, Madras.
Page Nos.6/7
M.SUNDAR, J., and K.GOVINDARAJAN THILAKAVADI, J.
21.03.2024 Page Nos.7/7