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Madras High CourtCRP/2081/2019dismissed

T. Murali Krishna v. Mona Meharwade

2019-07-02Honourable Mr Justice M. Govindaraj4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.07.2019 C O R A M THE HONOURABLE MR.JUSTICE M.GOVINDARAJ C.R.P.(NPD)Nos.2081 OF 2019 and C.M.P.No.13451 OF 2019 T.Murali Krishna ... Petitioner Vs.

Mona Meharwade ... Respondent PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India praying to set aside the order passed in I.A.No.3341 of 2018 in O.P.No.4371 of 2017 dated 06.12.2018 pending on the file of the IV Additional Family Court, Chennai.

For Petitioner : Mr.V.Kannadasan For Respondent : Mr.N.Elayaraja

O R D E R

This revision petition is directed against the order directing the husband to return the Gold and diamond Jewels and Silver articles of the wife to her.

2. According to the petitioner / husband, most of the Jewellery were purchased in the name of wife in order to avoid income tax. But, the counter filed by the petitioner / husband before the Family Court neither disclosed any specific details as to which are the items purchased by the respondent wife and which are the items purchased by him nor has he produced any evidence to substantiate his statement. The petitioner endeavors to sustain his plea on vague statements.

3. On the other hand, the respondent wife produced bills of the Jewellery items purchased by her before the trial Court vide. Ex.P1. The bills do bear the name of the wife and her brother. The trial Court has discussed all these aspects and directed the petitioner to return all the Diamond, Gold Jewelleries and silver articles listed in the schedule of the petition filed by her.

4. I do not find any infirmity in the order passed by the trial Court. Nobody can claim that in order to evade the income tax, one has purchased the property in the name of his wife. Such statement is contrary to law, daringly illegal and not sustainable in the eyes of law.

5. On the facts and circumstances of the case, Civil Revision Petition is dismissed. No costs. Consequently connected civil miscellaneous petition is closed.

6. The Petitioner is directed to return the Jewelleries within a period of one week from today and thereafter proceed with the main case. 02.07.2019 bkn Note: Issue order copy on 03.07.2019 To The IV Additional Family Court, Chennai.

M.GOVINDARAJ, J.

bkn C.R.P.(NPD)Nos.2081 OF 2019 and C.M.P.No.13451 OF 2019 02.07.2019