E.N.Dinesh Raj v. S.Vidhya

CMA.Nos.1848 and 1849 of 2024 and CMP.Nos.14801, 14804, 14806, 14821, 14824, 14827 and 14830 of 2024 J.NISHA BANU,J.

and R.KALAIMATHI,J.

This Court has perused the records and finds that the Trial Court (Family Judge, Erode) has passed an order under Section 12 of Guardians and Wards Act r/w. Section 151 Code of Civil Procedure for interim visitation rights of the appellant / petitioners.

2. The order passed in the Interlocutory Application is not appealable, in view of the Division Bench of this Court reported in S.Menaka v.

K.S.K. Nepolian Socraties and other cases (Batch) reported in 2024:MHC:1405 (Neutral Citation of Madras High Court) and 2024 Live Law (Mad) 126, wherein it was 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. Registry is directed to convert these Civil Miscellaneous Appeals into Civil Revision Petitions.

4. Post these matter for admission before the concerned Court.

(J.N.B.,J.) (R.K.M.,J.) sk 07.08.2024 https://www.mhc.tn.gov.in/judis