The Madras High Court dismissed an appeal against an interim Family Court order directing the return of demonetized currency. The court held there was no palpable reason to interfere and the appellant was directed to exhaust remedies before the Family Court.
Civil Miscellaneous Appeal dismissed; appellant directed to work out remedy before Family Court.
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.
C.M.A.(MD).No.54 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 31.01.2024
CORAM
THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN
C.M.A.(MD).No.54 of 2024 and C.M.P.(MD).No.882 of 2024
Savithiri .. Appellant/Petitioner/Petitioner
Vs.
Vijayakumar .. Respondent/Respondent/Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 19 of Family Courts Act, 1984, praying to set aside the impugned fair and decreetal orders in I.A.No.2 of 2023 in H.M.O.P.No.27 of 2022 dated 05.10.2023 on the file of the Family Court, Pudukottai.
For Appellant : Mr.P.M.Vishnuvarthanan
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C.M.A.(MD).No.54 of 2024
JUDGMENT
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
This Civil Miscellaneous Appeal is filed against the interim order passed by the Family Court, Pudukottai in an application filed under Section 27 of the Hindu Marriage Act.
present Civil Miscellaneous Appeal stating that in respect of 45 sovereigns
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C.M.A.(MD).No.54 of 2024
of jewels kept in the bureau, the Family Court had not passed any order. Further, the learned counsel for the appellant submits that when the appellant went to the respondent's house to collect money, she was not permitted to get back the currency.
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C.M.A.(MD).No.54 of 2024
observation made in this appeal shall not stand in the way of the Family Court to decide the application in I.A.No.2 of 2023 on merits. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed.
(G.J.,J.) (C.K.,J.) 31.01.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No Lm
To 1.The Family Court, Pudukottai.
2.The Section Officer, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
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C.M.A.(MD).No.54 of 2024
DR.G.JAYACHANDRAN,J. and C.KUMARAPPAN,J.
Lm
C.M.A.(MD).No.54 of 2024
31.01.2024
Page 5 of 5
2 issues framed by the court
Whether the present Civil Miscellaneous Appeal is maintainable against an interim order passed in an interlocutory application.
What remedy the appellant ought to pursue regarding the return of jewels and currency.
2 provisions across 2 enactments
Savithiri
Vijayakumar
G. Jayachandran
C. Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
