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Madras High CourtCRP/4144/2024disposed of

R.Dhivya v. A.Kumar

2024-10-15Honourable Mr Justice V. Lakshminarayanan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.10.2024

CORAM

THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN R.Dhivya : Petitioner versus A.Kumar : Respondent Prayer: Petition filed under Article 227 of the Constitution of India to set aside the fair and decreetal order passed in I.A.No.3 of 2023 in O.P.No.1860 of 2021 dated 20.05.2024 by the IV Additional Family Court, Chennai and thereby directing the respondent to pay a sum of Rs.1.25 Crores to the petitioner and Rs.75 Lakhs to the minor son Shyam Sundar totalling a sum of Rs.2 Crores as permanent alimony.

For Petitioner : Mr.T.C.S.Raja Chockalingam

ORDER

O.P.No.1860 of 2021 has been disposed of by a final order on 20.05.2024. At the time of disposal, the learned Trial Judge has allowed the

application filed under Section 25 (Permanent alimony) in I.A.No.3 of 2023. This revision assails the said order.

2. In terms of Section 28(2) of the Hindu Marriage Act, where an application under Section 25 or Section 26 of the Act is disposed of, not as an interlocutory application, but at the time of final disposal, the remedy is to file an appeal before the Family Court. Fortunately, in this case, the order has been passed by the Family Court at Chennai and hence, the appeal lies to this Court.

3. Consequently, this revision is not maintainable. Hence, the civil revision petition shall be converted into civil miscellaneous petition. With the above liberty, this civil revision petition is disposed of. No costs. 15.10.2024 nl Index : Yes/No Speaking Orders/Non Speaking orders : Yes/No

To The IV Additional Family Court, Chennai

V.LAKSHMINARAYANAN, J.

nl 15.10.2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.12.2024 CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN C.R.P.(PD)No.4144 of 2024 R.Dhivya .. Petitioner vs.

A.Kumar .. Respondent For Petitioner : Mr.T.C.S.Raja Chockalingam

O R D E R

Today, this matter came up under the caption 'For being mentioned'.

2. The last portion of the order should be read as "Hence, the civil revision petition shall be converted into civil miscellaneous appeal." instead of "Hence, the civil revision petition shall be converted into civil miscellaneous petition". The rest of the order remains unaltered.

V.LAKSHMINARAYANAN,J.

kj

3. Office is directed to issue a fresh order copy. 16.12.2024 kj C.R.P.(PD)No.4144 of 2024