Chandra v. Anbukkarasan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN CRP(NPD)Nos.205 & 206 of 2022 and CMP.No.1048 of 2022 Chandra ... Petitioner in both CRPs Vs Anbukkarasan ... Respondent in both CRPs Common Prayer: Civil Revision Petitions filed under Article 227 of the Constitution of India, against the order dated 04.12.2021 in I.A.Nos.127 and 128 of 2021 in HMOP.No.16 of 2002 on the file of Subordinate Judge, Attur.

(In both CRPs) For Petitioner : Mr.R.Mubarak Basha COMMON ORDER The challenge in these revisions is to the order of the trial Court dismissing applications in I.A.Nos.127 and 128 of 2021 filed by the 1/4

petitioner seeking to reopen the case and to enable cross examination of the respondent. The proceedings are under the Hindu Marriage Act. The husband had sought for divorce on the ground for cruelty and desertion. The original proceeding was instituted in the year 2002 is almost 20 years now. The wife had filed the applications seeking to reopen and for permission to cross examine the husband, who was examined as PW1 on the ground that while cross examining the husband, certain questions based on the pleadings in the reply statement have not been asked. 2.The learned trial Judge on an assessment of the evidence which is already on record had concluded that several questions have been put based on the averments in the reply statement and therefore, these petitions have been filed only to drag on the proceedings.

The learned trial Court has also taken note of the fact that this Court had directed the trial Court to dispose of the O.P. within a period of three months from 05.03.2021. 3.In view of the said categorically finding of the trial Court the cross examination is complete.

order of the trial Court, both the revisions are therefore dismissed. No costs. Consequently, connected miscellaneous petition is closed. 03.02.2022 vs Index: No Speaking order To:

1.The Subordinate Judge, Attur.

2.The Section Officer, VR Section, Madras High Court, Chennai.

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R.SUBRAMANIAN, J.

vs CRP(NPD)Nos.205 & 206 of 2022 and CMP.No.1048 of 2022 03.02.2022 4/4