The Madurai Bench dismissed the Civil Miscellaneous Appeal filed by a husband to set aside an interim order as infructuous, since the main matrimonial sub-judicial proceeding had already been disposed of by a decree, leaving no survival for application.
No costs.
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C.M.A(MD)No.1123 of 2017
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.11.2023
CORAM:
THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN AND THE HONOURABLE MR.JUSTICE P.B.BALAJI
C.M.A(MD)No.1123 of 2017 and C.M.P(MD)No.11421 of 2017
I.Udaya Kumar ...Appellant
.vs.
Mrs.M.Abinaya ...Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 19(1) of the Family Courts Act, 1984 to set aside the fair and decreetal order dated 10.10.2017 made in I.A.No.144 of 2017 in H.M.O.P.No.24 of 2017 on the file of the Family Court, Srivilliputhur and allow the above Civil Miscellaneous Appeal.
For Appellant :Mr.M.Vijayarathinam
For Respondent :No appearance
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C.M.A(MD)No.1123 of 2017
**JUDGMENT **************
[Judgment of the Court was made by RMT.TEEKAA RAMAN.,J. ]
This Civil Miscellaneous Appeal has been filed by the appellant/husband against the interim order passed in I.A.No.144 of 2017.
2.It is represented by the learned counsel for the appellant that main H.M.O.P.No.24 of 2017 itself has been disposed of and therefore, nothing survives for consideration in the present Civil Miscellaneous Appeal.
dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.
[T.K.R.,J.] [P.B.B.,J.] 28.11.2023
Index:Yes/No Internet:Yes/No NCC:Yes/No am
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C.M.A(MD)No.1123 of 2017
To
The Family Court, Srivilliputhur.
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C.M.A(MD)No.1123 of 2017
RMT.TEEKAA RAMAN,J. AND P.B.BALAJI,J.
am
JUDGMENT MADE IN C.M.A(MD)No.1123 of 2017
28.11.2023
1 issue framed by the court
Whether the Civil Miscellaneous Appeal survives for appeal consideration when the underlying main matrimonial suit has been disposed of by a decree.
1 provisions across 1 enactments
I.Udaya Kumar
Mrs.M.Abinaya
RMT.TEEKAA RAMAN
P.B.BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
