G.Baskar v. B.Sharmila,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.07.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and C.M.P.No.2481 of 2018 G.Baskar ...
Petitioner Vs B.Sharmila ...
Respondent Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 18.08.2017 made in I.A.No.424 of 2017 in H.M.O.P.No.502 of 2012 on the file of the Subordinate Court, Tambaram.
For Petitioner : Mr.D.Jawahar
O R D E R
This Civil Revision Petition is filed against the fair and decreetal order dated 18.08.2017 made in I.A.No.424 of 2017 in H.M.O.P.No.502 of 2012 on the file of the Subordinate Court, Tambaram, thereby dismissing the petition to receive additional documents and mark them as exhibits. 1/4
2. The petitioner is the husband and the respondent is the wife. The petitioner filed a petition in H.M.O.P.No.502 of 2012 for divorce on the ground of cruelty. While pending the divorce petition, the respondent filed a petition for seeking interim maintenance. While pending interim maintenance petition, the petitioner herein filed a petition in I.A.No.424 of 2017 seeking leave to file additional documents and mark them as exhibits on the side of the petitioner.
3. On perusal of the documents which were sought to be marked by the petitioner are all the medical records with regard to the health issues. However, the Court below dismissed the same. Aggrieved by the same, the petitioner filed this Civil Revision Petition before this Court. While pending the Civil Revision Petition, the Court below ordered an interim maintenance of Rs.5,000/- payable by the petitioner to his wife/respondent. Aggrieved by the same, the petitioner also preferred a Civil Revision Petition and the same was modified to the tune of Rs.3,500/- payable by the petitioner herein. Therefore, the application filed by the petitioner to receive additional documents would not serve any purpose, since already 2/4
the interim maintenance petition was ordered. Now, the trial is pending in the divorce petition. Therefore, this Court finds no infirmity or illegality in the order passed by the Court below. Accordingly, the Civil Revision Petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs.
23.07.2021 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No Lpp To The Subordinate Judge, Tambaram.
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G.K.ILANTHIRAIYAN,J.
Lpp and C.M.P.No.2481 of 2018 23.07.2021 4/4