← Library
Madras High CourtA/8173/2017allowed

Haseena Syed v. Sayeed Salman(Alias) Suresh

2017-12-11Honourable Mr Justice C.V. Karthikeyan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 11TH DAY OF DECEMBER 2017 THE HON'BLE MR. JUSTICE C.V.KARTHIKEYAN A. No.8173 of 2017 in O.P. No.302 of 2017 In the matter of Guardian and Wards Act 1890, and In the matter of Minor S.Sana, Female, Minor aged 5 years Sayeed Salman (alias) Suresh Kumar S/o.M.Sampath No.17/2 Thamayandhi Street, Gandhi Nagar, Virugambakkam, Chennai -600 092 ... Petitioner -VersusHaseena Syed, D/o of A.Syed Illiyas.

No.2/403, Kandasamy Nagar, First Cross Street, Palavakkam, Chennai - 600 041 ... Respondent A.No.8173 of 2017 Haseena Syed, D/o of A.Syed Illiyas.

No.2/403, Kandasamy Nagar, First Cross Street, Palavakkam, Chennai - 600 041 ...Applicant Vs.

Sayeed Salman (alias) Suresh Kumar No.17/2 Thamayandhi Street, Gandhi Nagar, Virugambakkam, Chennai -600 092

...Respondent

Application praying that this Hon'ble Court be pleased to pass such further or other orders as may deem fit and proper in the circumstances of the case.

This application coming on this day before this Court for hearing the Court made the following order:-

Application filed seeking to issue of subpoena to examine as witnesses (1) Mrs.Radhika; (2) R.Gopi; (3) Ponnivalavan; and (4) Haseena Syed.

2.

In the affidavit filed in support of the said application, the petitioner has stated that the petitioner had filed the above Original Petition seeking permanent custody of the minor child Sana. In the trial, it is necessary these witnesses are examined as Court witnesses. Consequently, it is stated that subpoena is to be issued to them.

3.

Heard the learned counsel for the respondent also. 4.

Counter has not been filed. During trial witnesses are often summoned and sufficient opportunity must be provided for cross examination. Taking those aspects into consideration, this Application is allowed. 5.

Post the matter before the learned Master for continuation of examination on 14.12.2017. On 14.12.2017, the learned Master is to take a decision on the dates on which the summons is to be issued and accordingly finalise the date for examination of the four witnesses. Sd/.C.V.K.J 11.12.2017 //Certified to be a true copy// Dated this the day of 2019.

TE/29/05/2019 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.