The Court held that interlocutory orders under Section 26 of the Hindu Marriage Act regarding child custody are not appealable but are revisable. The appeal was permitted to be converted into a Civil Revision Petition under Article 227 of the Constitution.
Appeal converted into a Civil Revision Petition under Article 227 of the Constitution of India.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CMA No.528 of 2024 in CMP No.5252 of 2024
Civil Miscellaneous Appeal No.528 of 2024 in CMP No.5252 of 2024
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
(Order of the Court was made by R.SUBRAMANIAN, J.)
This Court prima facie is not satisfied that this Appeal is maintainable, since the order challenged is an interlocutory order passed by the Family Court relating to custody of the child under Section 26 of the Hindu Marriage Act.
2 . No doubt Mr.T.M.Hariharan, learned counsel appearing for the
appellant would contend that this is the order under Appeal is not an interim order passed in an Application and therefore, an Appeal would lie. We are unable to read Section 26 of the Hindu Marriage Act, in the manner suggested by the learned counsel appearing for the appellant. A Division Bench of this Court in S.Menaka vs. K.S.K.Nepolian Socraties, made in CMP No.18729 of 2023 dated 21.03.2024, has held that interlocutory orders
passed by the Family Court are not automatically appealable, but they are revisable.
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CMA No.528 of 2024 in CMP No.5252 of 2024
R.SUBRAMANIAN, J. and R.SAKTHIVEL, J.
Appeal into a Civil Revision Petition under Article 227 of the Constitution of India.
[R.S.M., J.] [R.S.V., J.]
01.04.2024
jv
Civil Miscellaneous Appeal No.528 of 2024 in CMP No.5252 of 2024
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2 issues framed by the court
Whether an appeal lies against an interlocutory order of the Family Court relating to custody of the child under Section 26 of the Hindu Marriage Act.
Whether such orders are maintainable by way of appeal or are revisable under Article 227 of the Constitution of India.
Colour shows how this judgement treated each authority
S.Menaka vs. K.S.K.Nepolian SocratiesRelied on¶7
S.Menaka vs. K.S.K.Nepolian Socraties (CMP No.18729 of 2023 dated 21.03.2024)
2 provisions across 2 enactments
R.SUBRAMANIAN
R.SAKTHIVEL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
