Mr.Radhakrishna Vittaldev v. Mrs.Lalitha Sushana Deepak

Appl. No.5157 of 2019 R.SUBRAMANIAN,J.

This application has been filed seeking permission to produce document to show that the applicant/petitioner has been paying maintenance to the children. This application is opposed on the ground that though the petitioner is shown to have deposited some money he himself has withdrawn the same. This question has to be gone into only upon evidence. Hence this application is allowed. The applicant/petitioner is permitted to produce the document namely, the Bank Statement along with the application, subject to proof and relevancy.

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Appl. No.5158 of 2019 R.SUBRAMANIAN, J.

This application has been filed seeking permission to file a rejoinder to the reply filed by the respondent. It is the contention of the learned counsel for the applicant that in the rejoinder filed, the respondent has introduced a new case, which was not projected in the divorce proceedings. The only objection that is taken by the learned counsel for the respondent is that there is a delay in filing the rejoinder. The counter in the main Original Petition was filed in during March 2019, and the rejoinder is now sought to be filed into Court. Of course, there is a gap about 21⁄2 months, between the filing of the counter and the rejoinder. The fact that the Court was closed summer vacation, during the month of May should also be taken into account. Hence I am unable to sustain the objection of the learned counsel on the ground of delay. This application is allowed. The rejoinder filed is taken on file. Issues have already been filed.

2. The Registry is directed to post the Original Petition, before the learned Additional Master IV, for evidence on 05.08.2019. jv 25.07.2019

R.SUBRAMANIAN,J.

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