Mohamed Arif Bari v. Fayeza Zaynab Quraishi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2024

CORAM

THE HON'BLE MRS. JUSTICE J.NISHA BANU AND THE HON'BLE MR. JUSTICE P.DHANABAL Mohamed Arif Bari ... Appellant Vs.

Fayeza Zaynab Quraishi

...Respondent

Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Court Act to set aside the judgment and decree dated 20.02.2023 made in I.A.No.4/2022 in O.S.No.119/2021 on the file of the learned V Additional Principal Family Court at Chennai. For Appellant : Mr.Suresh Ethiraj For Respondent : Mr.Lakshana Ramakrishnan

J U D G M E N T

(Judgment of the Court was made by J.NISHA BANU,J.) This Civil Miscellaneous Appeal has been filed against the judgment and decree dated 20.02.2023 made in I.A.No.4/2022 in Page 1/4

O.S.No.119/2021 on the file of the learned V Additional Principal 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 alimony and litigation expenses.

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 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 Page 2/4

limitation, the period spent in prosecuting the CMA shall be excluded. No costs.

4. Registry is directed to return the certified copy of the impugned order to the counsel for the appellant after due acknowledgement. .

(J.N.B,J.) (P.D.B., J.) 25.07.2024 sk To V Additional Principal Family Court, Chennai.

Page 3/4

J. NISHA BANU, J.

and P.DHANABAL,J.

sk 25.07.2024 Page 4/4