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Madras High CourtCMA(MD)/1245/2025dismissed

Murugesh @ Satheesh Pandi v. M.Angala Eswari

2025-10-30Honourable Mr Justice P.Velmurugan,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.10.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN AND THE HONOURABLE Mrs.JUSTICE L.VICTORIA GOWRI CMA. (MD). No.1245 of 2025 and CMP(MD) No.17407 of 2025 Murugesh @ Satheesh Pandi S/o.Madasamy No.110/9B Anna Nagar,Nethaji Road Melapalayam Palayamkottai Tirunelveli District.

... Appellant Vs M.Angaleswari W/o.Satheesh Pandi No.48/142 Anna Nagar Pettai, Industrial Colony, Tirunelveli ... Respondent PRAYER :-Civil Miscellaneous Appeal filed under section 19 of Family Court Act 1984 against the order passed in in IA No.3 of 2022 in HMOP No.277 of 2021 dated 10.08.2022 on the file of the Family Court, Tirunelveli.

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For Appellant : Mr.R.Anand

JUDGMENT

(Judgment of the Court was delivered by P.VELMURUGAN,J.) This Civil Miscellaneous Appeal is directed against the order dated 10.08.2022 in IA No.3 of 2022 in HMOP No.277 of 2021 on the file of the Family Court, Tirunelveli. In the said IA No.3 of 2022 in HMOP No. 277 of 2021, a direction was issued to the petitioner to pay interim maintenance of a sum of Rs.4,000/- to the respondent as well as Rs.3,000/- each to the children.

2. It is seen that as per Section 19 of the Family Court Act, no appeal will lie against an interlocutory order. Accordingly, the Civil Miscellaneous Appeal is dismissed at the admission stage itself. The appellant is at liberty to work out his remedy in the manner known to law. No costs. Consequently connected Miscellaneous Petition is closed.

3. It is brought to the notice of this Court that earlier, a Coordinate Bench of this Court, vide order dated 21.03.2024, in CMP No.18729 of 2023 in CMA No.1914 of 2021 etc. batch, had passed an order, in which, 2/4

it is categorically stated in Para 10 of the order that against an order of interim maintenance, pendente lite maintenance, made under Section 24 of the Hindu Marriage Act, an appeal will not lie either under Section 28 of the Hindu Marriage Act or under Section 19 of the Family Courts Act. Since the order of this Court dated 21.03.2024 has been violated, Registry is directed to issue memo to the concerned staff and officer, who took the appeal on file.

[P.V.,J] [L.V.G.,J] 30.10.2025 NCC : Yes/No Index : Yes/No RR To 1.The Family Court, Tirunelveli.

2.The Additional Registrar General Madurai Bench of Madras High Court, Madurai.

3.The VR Section Madurai Bench of Madras High Court, Madurai.

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P.VELMURUGAN, J.

AND L.VICTORIA GOWRI, J.

RR JUDGMENT MADE IN CMA.(MD) No.1245 of 2025 Dated : 30.10.2025 4/4