A.Prabha v. A.Parselvan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2024

CORAM

THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MRS. JUSTICE R.KALAIMATHI and C.M.P.No.1702 of 2020 A.Prabha W/o.A.Parselvan ..Appellant Vs.

A.Parselvan S/o N.Aravazhi ..Respondent Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, 1984, against the order and decreetal order dated 28.08.2019 passed in I.A.No.924/2016 in O.P.No.1396 of 2015 on the file of the 1st Additional Family Court at Chennai dismissing the petition filed by the appellant under Section 24 of Hindu Marriage Act, seeking for interim maintenance.

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For Appellant : Mr.J.Saravanavel

J U D G M E N T

(The Judgment of the Court was delivered by J.Nisha Banu,J.) This Civil Miscellaneous Appeal has been filed against the order dated 28.08.2019 passed in I.A.No.924/2016 in O.P.No.1396 of 2015 on the file of the 1st Additional Family Court at Chennai. The said Interlocutory Application has been filed by the respondent herein under Section 36 of the Indian Divorce Act, 1869, seeking monthly interim maintenance.

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 Page 2/4

Miscellaneous Appeal.

3. In view of the said judgments, the Civil Miscellaneous Appeal is dismissed as not maintainable. On filing of the CRP, for the purpose of limitation, the period spent in prosecuting the CMA shall be excluded. No costs. Consequently, connected miscellaneous petition is closed.

4. 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.

(J.N.B,J.) (R.K.M., J.) Index : Yes / No 23.08.2024 Internet : Yes sk To The 1st Additional Family Court, Chennai J. NISHA BANU, J.

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and R.KALAIMATHI,J.

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