Rajeswari, v. Palanisamy,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:13.03.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN C.R.P(MD)Nos.3362 to 3365 of 2023 and C.M.P.(MD)No.17408 of 2023 Rajeswari .. Petitioner in all cases Vs.

Palanisamy .. Respondent in all cases Common Prayer: Civil Revision Petitions filed under Article 227 of the Constitution of India, against the fair and decreetal order dated 09.11.2023 made in I.A.Nos.4,5,6 & 7 of 2023 in HMOP.No.225 of 2022 on the file of the Family Court, Karur.

In all cases:

For Petitioner : Mr.M.P.Senthil For Respondent : Mr.K.Suresh Page No.1/6

COMMON ORDER These revision petitions are filed by the petitioner against the fair and decreetal order dated 09.11.2023 made in made in I.A.Nos.4,5,6 & 7 of 2023 in HMOP.No.225 of 2022 on the file of the Family Court, Karur.

2. According to the learned counsel for the revision petitioner, the trial Court dismissed the interlocutory applications in I.A.Nos.4,5,6 & 7 of 2023 without assigning any proper reasons. Aggrieved over the same, the revision petitioner filed this revision.

3. The learned counsel for the revision petitioner submitted that the reasons assigned by the trial Court for dismissing those applications is not proper since even in the plaint itself, she made averments with regard to the cruelty meted out to her, ie., assault and the verbal abuse. The said evidence is available in the form of pen drive and CCTV footage. Hence, she made those applications.

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4. Per contra, the learned counsel for the respondent would submit that even without submitting the copy of the transcription of the conversation which is alleged to be taken place, she filed the above applications.

5. The issue between the parties is matrimonial. So, full opportunity must be given to both parties so that fair decisions can be arrived, more particularly, when a petition is filed for divorce. So, the technical ground need not be taken into account and the grievance of the petitioner may be redressed by way of complying the request by furnishing the transcription of the conversation. Similarly, copy of CCTV shall be furnished by the petitioner herein to the respondent. On complying the conditions to lead electronic evidence, the trial Court is directed to permit the petitioner to adduce the evidence. The respondent is also at liberty to examine the additional evidence.

6. Accordingly, these Civil Revision Petitions are disposed of. No Costs. Consequently, connected miscellaneous petition is closed. 13.03.2024 Index : Yes/No PJL Page No.3/6

To 1.The Judge, Family Court, Karur.

2.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN, J.

PJL C.R.P(MD)Nos.3362 to 3365 of 2023 and CMP(MD)No.17408 of 2023 13.03.2024 Page No.6/6