A.Rani And Another v. K. Indira And Another

A NO. 218 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14-02-2025

CORAM

THE HONOURABLE MR JUSTICE K.KUMARESH BABU A NO. 218 of 2025 in O.P.No.768 of 2018 A.Rani and another W/o.Late R.Aravanan,Both are residing at NO.E1123, 33rd Cross Street, 2nd Floor, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai 600 041. and another Applicant(s) Vs K. Indira and another W/o.Late R.Aravaan, Both are residing at No.E1123, 33rd Cross Street, 1st Floor, Thiruvallauvar Nagar, Thiruvanmiyur, Chennai 600 041.

Respondent(s) For Applicant(s):

M/s. K.Bommuraj For Respondent(s):

ORDER

Heard Mr.K.Bommuraj, learned counsel for the applicant and Mr.P.Arumugavel, learned counsel for the respondent.

2. The application had been filed, seeking for issuance of Subpoena to the Pay and Accounts Office (South) Nandhanam, Chennai - 600 035 and to produce the copy of Pension Pension Pay order and Retirement Pension

benefit records of the deceased to whom the issuance of Succession Certificate had been sought for in the main Original Petition.

3. The learned counsel for the petitioner would submit that the applicant is the legally wedded wife and nominee of the deceased. Only to prove the same, the application had been filed to mark the copy of the Pension Pay order and Retirement Pension benefit records of the deceased. A counter had been filed by the respondent. A perusal of the said counter, the respondent had not disputed the nomination of the applicant by the deceased and the details in the said documents has claimed by the applicant.

4. The learned counsel for the respondent would submit that at any stretch of imagination, this records cannot substantiate the legality of the marriage i.e., claimed by the applicant.

5. In such view of the admitted fact there is no necessity to prove the same by issuing the Subpoena as prayed for in this application.

6. In fine, the application in A.No.218 of 2025 in O.P.No.768 of 2018 is dismissed and the matter is relegated to the learned Master for completion of evidence.

List the matter before the Master on 24.02.2025. 14-02-2025 kak

To

1. K. Indira and another W/o.Late R.Aravaan, Both are residing at No.E-1123, 33rd Cross Street, 1st Floor, Thiruvallauvar Nagar, Thiruvanmiyur, Chennai 600 041.