A Selvan v. D Jothi Kanna

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.03.2024 Coram THE HON'BLE MR.JUSTICE M.SUNDAR and THE HON'BLE MRS. JUSTICE K. GOVINDARAJAN THILAKAVADI C.M.A. No.1881 of 2020 and C.M.P. No.13893 of 2020 in C.M.A. No.1881 of 2020 A.Selvan .. Appellant vs 1.D.Jothi Kanna 2.Bharani .. Respondents Appeal filed under Section 19 of The Family Courts Act, 1984 against the judgment and decree dated 31.12.2019 passed in I.A. No.266 of 2018 in F.C.O.P. No.366 of 2016 on the file of the Family Court, Salem.

For Appellant :

Mr.J.Hudson Samuel for M/s.Paul and Paul For Respondents :

Mr.K.Sathish Kumar for R1 No appearance for R2 1/4

JUDGMENT

[Judgment of the Court was delivered 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 Madras High 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 Constitution of India would lie and preserved the rights of the appellants for preferring revision while giving closure to such CMAs. 2/4

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 CMP is also disposed of as closed.

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 M.SUNDAR, J., 3/4

and K. GOVINDARAJAN THILAKAVADI, J., mmi 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.) 26.03.2024 Index : Yes / No mmi To The Family Court, Salem.

C.M.A. No.1881 of 2020 4/4