C.Jeevanandham v. M.Monisha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.12.2023

CORAM:

THE HON'BLE MR.JUSTICE T.V.THAMILSELVI C.R.P.Nos.3667, 3681 & 3711 of 2023 & C.M.P.No.23085 of 2023 C.Jeevanandham ... Petitioner in all C.R.Ps.

Vs.

1.M.Monisha 2.Murugan ... Respondents in all C.R.Ps.

COMMON PRAYER: Civil Revision Petitions filed under Article 227 of Constitution of India to set aside the fair and decretal order dated 18.08.2023 passed in I.A.Nos.8, 9 & 10 of 2023 in O.P.No.67 of 2022 by the learned Family Court Judge, Dharmapuri.

For Petitioner : Mr.A.Arun For Respondents : No appearance COMMON ORDER Challenging the orders dated 18.08.2023 passed in I.A.Nos.8, 9 & 10 of 2023 in O.P.No.67 of 2022 by the learned Family Judge, Dharmapuri, the revision petitioner, who is the petitioner in O.P, has preferred these revisions. 1/6

2. Originally O.P.No.67 of 2022 has been filed by the husband/petitioner seeking for the relief of divorce on the ground of cruelty and adultery against the first respondent/wife. Pending O.P.No.67 of 2022, the petitioner/husband filed I.A.Nos.8 to 10 of 2023, after closing of evidence, to reopen, to recall and to mark a document on the side of the respondent RW1. The Trial court dismissed the applications, against which the present revisions.

3. Learned counsel for the petitioner submit that after closing of evidence, the petitioner got the medical report of his wife/first respondent for the pregnancy test conducted on 17.01.2017. In order to prove his case, the marking of the said document is necessary. Hence, prayed for setting aside the orders of the trial court.

4. Heard learned counsel for the petitioner and perused the materials available on record. Despite service of notice on the respondents, there is no representation on the side of the respondents.

5. This Court after considering the materials placed on record and 2/6

submission of the learned counsel for the petitioner is of the view that the trial court ought to have allowed the applications. Accordingly, the findings of the trial court is set aside and I.A.Nos.8, 9 & 10 of 2023 is ordered and the civil revision petitions are allowed. No costs. Consequently, connected miscellaneous petition is closed.

20.12.2023 nl Index : Yes/No Speaking order/Non-speaking order 3/6

To 1.The Family Court Judge, Dharmapuri.

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T.V.THAMILSELVI ,J.

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