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2025 Supreme(Online)(Mad) 28014

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V.Lakshminarayanan, J
Angelina Selvarani Francis – Appellant
Versus
Nathan Francis Anand Kumar – Respondent
C.R.P.No.5200 of 2024



Important Points

The right of appeal under Section 55 of the Divorce Act holds priority over a civil revision petition challenging orders made under the Act.

Subject

Family Law - Divorce Act

Headnote

This civil revision petition under Article 227 challenges an order under Section 36 of the Divorce Act, 1869, relating to appeal rights. The court found the appealable nature of orders under Section 55 of the Divorce Act applicable in this scenario. Consequently, the petition was converted to a civil miscellaneous appeal for proper hearing.

Advocates:
For the Appellants/Petitioners: Mr.Jayasimhan T.Rajasuriya
For the Respondent: Mr.P.Rakesh Kumar

Table of Content
1. challenge to an order under the divorce act. (Para 1)
2. right of appeal renders revision petition improper. (Para 2)
3. petition converted into civil miscellaneous appeal. (Para 3)

ORDER

This civil revision petition challenges the order passed under Section

36 of the Divorce Act, 1869. Considering the limited issues involved, I directed issuance of notice.

2. Mr.P.Rakesh Kumar, who has entered appearance for the respondent, brings to my notice Section 55 of the Divorce Act.

3. Under the said provision, any order passed by a Court, is appealable as if it is an order made under the Code. When the right of appeal is provided for the litigant, it will not be proper on my part to entertain this revision. Therefore, Registry is directed to convert this civil revision petition into a civil miscellaneous appeal and list it for hearing before the appropriate bench.

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