The Court held that an order passed by the Trial Court on an interlocutory application for interim visitation rights is not appealable. Relying on precedent, it directed the Registry to convert the Civil Miscellaneous Appeals into Civil Revision Petitions and posted the matter for admission.
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CMA.Nos.1848 and 1849 of 2024 and
CMP.Nos.14801, 14804, 14806, 14821, 14824, 14827 and 14830 of 2024
J.NISHA BANU,J. and R.KALAIMATHI,J.
This Court has perused the records and finds that the Trial Court (Family Judge, Erode) has passed an order under Section 12 of Guardians and Wards Act r/w. Section 151 Code of Civil Procedure for interim visitation rights of the appellant / petitioners.
(J.N.B.,J.) (R.K.M.,J.) sk 07.08.2024
1 issue framed by the court
Whether an order passed on an interlocutory application for interim visitation rights is appealable as a Civil Miscellaneous Appeal?
Colour shows how this judgement treated each authority
S. Menaka v. K.S.K. Nepolian Socraties and Other Cases (Batch)Relied on¶5
S.Menaka v. K.S.K. Nepolian Socraties and other cases (Batch) reported in 2024:MHC:1405 (Neutral Citation of Madras High Court) and 2024 Live Law (Mad) 126
3 provisions across 3 enactments
J. Nisha Banu
R. Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
