Dismissed¶31

D. Kalaivani v. M/S. M. Easwaran

Madras HC14 Nov 2025CMA/1749/2014

Case brief

AI extract

What is this about?

Interim maintenance appeal dismissed as infructuous — merger of interlocutory order with final order; Madras High Court, 14.11.2025; C.M.A.Nos.1749 & 2680 of 2014 under Section 19 of the Family Courts Act; Principal Family Court, Chennai; I.A.No.2832 of 2012 in H.M.O.P. No.2166 of 2012; interim maintenance Rs.6,000/- per month vs claim of Rs.15,000/- per month; main H.M.O.P. dismissed 29.03.2019 with H.M.O.P. No.4042 of 2014; related appeals C.M.A. Nos.4655 & 4657 of 2019 pending; wife's criminal proceedings M.C. No.313 of 2020.

What did the court decide?

Since the two appeals arise out of an interlocutory application (interim maintenance in I.A. No.2832 of 2012) which has subsequently merged with the final order upon dismissal of H.M.O.P No.2166 of 2012 on 29.03.2019, both appeals have become infructuous and are accordingly dismissed as infructuous.

D. Kalaivani Vs M/S. M. Easwaran — Madras HC (2025) — LawSathi Research

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C.M.A.Nos.1749 & 2680 of 2014

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 14.11.2025

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CORAM

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THE HONOURABLE DR.JUSTICE G. JAYACHANDRAN and

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THE HONOURABLE MR.JUSTICE MUMMINENI SUDHEER KUMAR C.M.A.Nos.1749 & 2680 of 2014

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C.M.A.No.1749 of 2014

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D.Kalaivani ... Appellant(s)

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Vs.

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M.Easwaran ... Respondent(s)

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Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, against the order passed by the learned Family Judge, Principal Family Court, Chennai dated 25.03.2014 made in I.A.No.2832 of 2012 in O.P.No.2166 of 2012 to the extent it denies the petitioner the relief in that the court has ordered only a sum of Rs.6,000/- per month towards the interim maintenance to be paid by the respondent while the claim of the appellant is Rs.15,000/- per month.

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For Appellant(s) : Mr.K.Nirmal Kumar For Respondent(s) : Mr.S.Kolandasamy

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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C.M.A.Nos.1749 & 2680 of 2014

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C.M.A.No.2680 of 2014

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M.Easwaran ... Appellant(s)

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Vs.

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D.Kalaivani ... Respondent(s)

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Prayer: Civil Miscellaneous Appeal filed under Section 19 of the Family Courts Act, to reduce the maintenance amount from Rs.6,000/- awarded in the order and decreetal order dated 25.03.2014 made in I.A.No.2832 of 2012 in HMOP No.2166 of 2012 on the file of the Court of Principal Family Judge, Chennai.

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For Appellant(s) : Mr.S.Kolandasamy For Respondent(s) : Mr.K.Nirmal Kumar

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C O M M O N J U D G M E N T

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(Judgment of the Court was made by DR.G.JAYACHANDRAN, J. )

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Appeal and counter appeal arise out of the interim order passed by the

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Family Court in I.A. No.2832 of 2012 in H.M.O.P. No.2166 of 2012 on the file of the Principal Family Court, Chennai.

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Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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C.M.A.Nos.1749 & 2680 of 2014

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The interlocutory order under challenge relates to the grant of

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interim maintenance pending disposal of the H.M.O.P No.2166 of 2012. It is

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brought to the notice of this Court that H.M.O.P No.2166 of 2012 was dismissed on 29.03.2019 by a common order passed along with H.M.O.P. No.4042 of 2014, and the appeals in C.M.A. Nos.4655 and 4657 of 2019 are pending before this Court. Since these two appeals arise out of an interlocutory application which has subsequently merged with the final order, they have become infructuous and are accordingly dismissed as infructuous.

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We also take note of the submission made by the learned counsel that, in respect of maintenance, the wife has initiated separate criminal proceedings, which are pending in M.C. No.313 of 2020.

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(Dr.G.J.,J.) (M.S.K.,J.) 14.11.2025

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skr Index : Yes / No Speaking order / Non-speaking order Neutral Citation : Yes / No

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Principal Family Court, Chennai

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Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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