K.KRISHNAMURTHY vs K.AKILA

Court
Madras High Court

CMA(MD) No. 639 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 30-10-2026
CORAM
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
AND
THE HON'BLE MR.JUSTICE RAJNISH PATHIYIL
CMA(MD) No. 639 of 2023
CNR:{HCMD010628902023}
and CMP.(MD).No.8234 of 2023
K.Krishnamurthy
S/o.Late.Kuppusamy,
Working at No.51/1, Pillai Thaneerpanthal,
Tirumayam Road, TNSTC, Near TVS Stop,
Pudukkottai.
..Appellant(s)
Vs
K.Akila
W/o.Krishnamoorthy,
D/o.L.Radhakrishnan,
Now residing at 25A, West Street,
Rockfort,
Tiruchirappalli District.
..Respondent(s)
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of Family
Court Act, to set aside the final order of the Family Court, Tiruchirappalli
made in I.A.No.3 of 2021 in HMOP.No.267 of 2020 dated 24-03-2023 on
the file of the Family Court, Tiruchirappalli, by allowing this civil
miscellaneous appeal ans thus render justice.
For Appellant(s) :Mr.K.K.Senthil
For Respondent(s) :Mr.R.Aravindraja
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CMA(MD) No. 639 of 2023
JUDGMENT
(Judgment of the Court was delivered by ABDUL QUDDHOSE J.)
This Civil Miscellaneous Appeal has been filed challenging the
impugned order passed by the Family Court, Tiruchirappalli, fixing the
interim maintenance payable by the appellant to the respondent at
Rs.8,000/- per month.
2. The respondent / wife before the Family Court had filed a
petition seeking for dissolution of her marriage with the appellant /
husband. The said HMOP is still pending on the file of the Family Court,
Tiruchirappalli. During the pendency of the HMOP, the respondent also
filed I.A.Nos.3 and 4 of 2021 before the Family Court seeking for interim
maintenance under Section 24 of the Hindu Marriage Act. Under the
impugned order, the Family Court has directed the appellant herein to pay
interim maintenance to the respondent at the rate of Rs.8,000/- per month.
Aggrieved by the same, this Civil Miscellaneous Appeal has been field
by the appellant / husband.
3. The learned counsel appearing for the appellant drew the
attention of this Court to the decision of the Division Bench of this Court
in the case of S.Menaka Vs. K.S.K.Nepolian Socraties reported in 2024
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CMA(MD) No. 639 of 2023
(2) CTC 742 and would submit that the Division Bench has held that an
appeal is not maintainable as against an order passed by the Family court
under Section 24 of the Hindu Marriage Act awarding interim
maintenance.
4. We have also perused the aforesaid decision of the Division
Bench and the said decision has been made clear that an appeal is not
maintainable as against an order of interim maintenance passed by the
Family Court under Section 24 of the Hindu Marriage Act. The Division
Bench has held that only a revision petition is maintainable under Article
227 of the Constitution of India at the instance of a party aggrieved by an
order of interim maintenance passed by the Family Court. The operative
portion of the decision of the Division Bench with regard to the
maintainability of an appeal is reproduced hereunder:
“ 10. In the light of the narrative, discussion and
dispositive reasoning, we summarize our conclusions and
crisply stated, the same are as follows:
(a)Against an order of interim maintenance / pendente
lite maintenance made under Section 24 of The Hindu
Marriage Act, a appeal will not lie either under Section 28 of
Hindu Marriage Act or under Section 19 of Family Courts
Act;
(b)However, a Revision under Article 227 of the
Constitution of India will lie to this Court against an order
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CMA(MD) No. 639 of 2023
of interim maintenance / pendente lite maintenance made
under Section 24 of the Hindu Marriage Act irrespective of
whether it is made by a regular civil court or a Family
Court;
(c)As an order of interim maintenance / pendente lite
maintenance made under section 24 of the Hindu Marriage
Act is only for a period of time, it can be reviewed / varied
and it is an interlocutory order;
(d)As we are holding that appeal under Section 28 of the
Hindu Marriage Act will not lie as against an order of
interim maintenance / pendente lite maintenance under
Section 24 of the Hindu Marriage Act but the same will be
amenable for a revision to this Court under Article 227 of
the Constitution of India, it will be open to appellants in
pending appeals to seek withdrawal of such appeals for
filing a revision and on such withdrawal plea being made,
all rights for filing revision under Article 227 of the
Constitution of India will stand preserved and the period
spent in appeal under Section 28 of the Hindu Marriage Act
or for that matter under Section 19 of the Family Courts Act
will stand excluded if the question of delay is brought up in a
revision under Article 227. We are conscious that there is no
limitation for constitutional remedy under Article 227 and
we are making this position clear as delay can be brought up
either in the form of laches or in any other form;
(e)The aforementioned preservation of rights and
liberty to file revision under Article 227 of the Constitution
of India will apply to District Courts as well as this Court.”
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CMA(MD) No. 639 of 2023
5. In view of the decision of the Division Bench referred to supra,
this Civil Miscellaneous Appeal is not maintainable and the only remedy
available to the appellant, if aggrieved by the impugned order passed by
the Family Court under Section 24 of the Hindu Marriage Act, is to file a
revision petition under Article 227 of the Constitution of India.
6. For the foregoing reasons, since this appeal is not maintainable,
we dispose of the same by granting liberty to challenge the impugned
order for the appellant by filing a revision petition under Article 227 of
the Constitution of India. With regard to the deposit already made by the
appellant pursuant to the interim order passed by this Court in the present
appeal, the appellant will have to work out his remedy only before the
Revision Court, as and when such a revision petition is filed under Article
227 of the Constitution of India. No costs. Consequently, the connected
miscellaneous petition is closed.
(A.Q.,J.) (R.P.L.,J.)
30-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
TSG
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CMA(MD) No. 639 of 2023
To
1. Family Court, Tiruchirappalli
Copy To :
Section Officer ( VR Section )
Madurai Bench of Madras High Court
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CMA(MD) No. 639 of 2023
ABDUL QUDDHOSE, J.
AND
RAJNISH PATHIYIL, J.
TSG
CMA(MD) No. 639 of 2023
30-10-2026
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