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Madras High CourtCRP/183/2025dismissed

N.Deepan v. Vadhana

2025-06-24Honourable Mr.Justice P.B. Balaji6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2025

CORAM

THE HONOURABLE MR JUSTICE P.B. BALAJI CRP.No.183 of 2025 & CMP.No.1273 of 2025 N.Deepan ... Petitioner Vs.

Vandhana ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, to set aside the order dated 02.12.2024 made in Memo in I.A.No.1 of 2024 in O.P.No.4183 of 2023 by the learned IV Additional Principal Judge, IV Additional Family Court, Chennai.

For Petitioner : Mr.M.Boopathy For Respondent : Mr.R.Ganeshkumar

ORDER

The Civil Revision Petition is at the instance of the husband, challenging the order of the IV Additional Family Court, Chennai, directing 1/6

the petitioner to produce the DBS account statement for the last three years which is reflected in his UCO bank statement. 2.Heard Mr.N.Deepan, learned counsel for the petitioner and Mr.R.Ganeshkumar, learned counsel for the respondent. 3.The learned counsel for the petitioner/husband states that the said bank account was opened when the petitioner was employed with a foreign employer and subsequently, the petitioner has left the services of the said Company and that the account has also been closed. To substantiate the same, the petitioner also relies on an additional typed set of papers where the petitioner has been intimated by an email dated 03.11.2024, that the petitioner's online / mobile banking access will be terminated with immediate effect due to closure of accounts with the bank. The learned counsel for the petitioner relying on the said email, states that the petitioner is not in a position to produce the bank statements. He would therefore pray for the order of the Family Court Judge being set aside. 2/6

4.Per contra, the learned counsel for the respondent/wife states that mere closure of the account which is admittedly standing in the name of the petitioner will not disentitle the petitioner from seeking statement of account from the bank and he would therefore pray for the order passed by the Family Court in the memo being confirmed.

5.I have carefully considered the submissions advanced by the learned counsel on either side.

6.It is not in dispute that the petitioner's bank account with DCS bank has been closed on account of which an email has been sent way back in November 2024, informing the petitioner that his online and mobile banking access have been terminated. However, the closure of the account in the name of the petitioner will certainly not disentitle the petitioner from requiring a statement of account for a period of three years in respect of the petitioner's bank account. It is not the case of the petitioner that the bank account was opened in the name of the employer. It is seen that the bank account was standing only in the name of the petitioner. Therefore, nothing prevents the petitioner from seeking for a statement of account from the said 3/6

bank. However, if at all the bank replies to the said request of the petitioner refusing to give statement of account, the petitioner shall rely on the said reply for the stand taken by the bank and thereafter, it shall be open to the respondent to take request to alternate modes of getting the said statement of account.

7.With these observations, the Civil Revision Petition is dismissed. There shall be no order as to costs. Connected Civil Miscellaneous Petition is closed.

24.06.2025 Speaking/Non-speaking : Yes/No Index : Yes / No ata 4/6

To The IV Additional Family Court, Chennai.

5/6

P.B. BALAJI,J.

ata CRP.No.183 of 2025 & CMP.No.1273 of 2025 24.06.2025 6/6