C.P.Ashwin Balaji v. Nithyashree

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.06.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and Crl.M.P.No.8265 of 2025 C.P.Ashwin Balaji ....

Petitioner

Versus

1.Nithyashree 2.Branch Manager, Indian Overseas Bank, Perambur, Chennai.

3.Branch Manager, Axis Bank, Perambur, Chennai.

....

Respondents PRAYER: Criminal Revision Case is filed under Sections 397 and 401 of Code of Criminal Procedure to set aside the order made in M.P.No.2025 of 2024 in M.C.No.622 of 2023 dated 06.02.2025 by the Learned V Additional Family Court, Chennai.

For Petitioner : Mr.Sudharshana Sundar For R1 : Notice served No appearance

O R D E R

This Criminal Revision Case has been filed as against the order passed in M.P.No.2025 of 2024 in M.C.No.622 of 2023 dated 06.02.2025 by the learned V Additional Family Court, Chennai, thereby dismissing the petition filed by the petitioner seeking production of the 1st respondent's account details and the deposited amount.

2.

Though notice has been served on the respondents and the names were also printed in the cause list, none appeared on behalf of the respondents, either in person or through counsel.

3.

The petitioner is the husband and the respondent is the wife. They got married, but due to misunderstanding, they got separated. Therefore, the respondent being unable to maintain herself, filed a petition seeking maintenance in M.C.No.2025 of 2024 against the petitioner. 4.

While pending maintenance case, the petitioner filed an application under Section 151 C.P.C., seeking a direction to summon the 2nd respondent to produce details of the account and the amount deposited by BNA Perambur into the account of the 1st respondent and also direct the 3rd respondent to produce details of the bank account of Mr.Ram @ Ramakrishnan with the Axis bank. 5.

However, the said application was dismissed on the ground that third-party account details cannot be disclosed without the consent of the

concerned party. However, there is no reason to deny the request made by the petitioner for production of the account statement of the 1st respondent. Therefore, the order passed by the Court cannot be sustained. 6.

In view of the above, this Criminal Revision Case is partly allowed. Consequently, the connected Criminal Miscellaneous Petition is closed.

7.

The order dated 06.02.2025 passed in M.P.No.2025 of 2024 in M.C.No.622 of 2023 by the learned V Additional Family Court, Chennai is set aside. The 2nd respondent is directed to produce the details of the account and the amount deposited by BNA Perambur into the account of the 1st respondent, bearing Account No.153801000024145, before the trial Court. Insofar as the direction sought against the 3rd respondent is concerned, the trial Court has rightly dismissed it and the said dismissal is hereby confirmed. 24.06.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rpl G.K.ILANTHIRAIYAN, J.

rpl To

1.The V Additional Family Court, Chennai.

2.Branch Manager, Indian Overseas Bank, Perambur, Chennai.

3.Branch Manager, Axis Bank, Perambur, Chennai.

24.06.2025