S. Prabha v. Sathish Rakkiappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR and Crl.M.P.No.16130 of 2025 1.S.Prabha

2. Minor S.Prithvika ... Petitioners Vs.

Sathish Rakkiappan ... Respondent PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to call for the records relating to the order made in CMP.No.3 of 2025 in MC.No.71 of 2022 on the file of the learned Family Court, Tiruppur dated 06.08.2025 and set aside the same.

For Petitioner : M/s.P.Mahalakshmi For Respondents : Mr.K.S.Karthik Raja

ORDER

Challenging the order of the Trial Court dismissing the application filed under Section 311 of CrPC to reopen her evidence to disprove certain documents filed by her husband, the present petition has been filed

2. The learned counsel for the petitioner submitted that in 1/4

Maintenance Case, her husband has produced certain salary certificates which is not real and only to disprove the documents, she has to adduce her evidence. In this regard, she has filed the application to re-open her evidence under Section 311 of CrPC, however, the same was rejected. The petitioner by way of this petition challenges the order of the Trial Court. Whereas, the learned counsel for the respondent/husband opposed the petition and sought for dismissal of this petition.

3. Heard both sides and perused the materials placed on record.

4. Considering the nature of the allegations against the husband and the petitioner seeks an opportunity to disprove certain documents that is alleged to have been obtained fraudulently, this Court in order to give on more opportunity is inclined to allow this petition. The petitioner is permitted to adduce evidence on a specific day fixed by the Trial Court and the evidence of the petitioner shall be completed on the same day. The respondent shall cross examine the PW1 on the new additional documents within a maximum period of two days. Thereafter, the Trial Court shall dispose of the main case on merits expeditiously.

5. Accordingly, impugned order stands set aside and this petition 2/4

stands allowed. Consequently, connected miscellaneous petition stands closed.

10.09.2025 dhk Index : Yes/No Internet : Yes/No :Yes/No To The Family Court, Tiruppur N. SATHISH KUMAR , J.

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