The High Court dismissed a Civil Revision petition challenging an order that allowed limited reopening of evidence to examine the applicant's mother in a divorce proceeding. The court held the petitioners' case was unsustainable.
The Civil Revision Petition was dismissed; no costs awarded. No order in favour of the revision petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.02.2018
CORAM
THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR
CRP(PD).No.2396 of 2017 & CMP.No.11282 of 2017
R.Palanisami ..Petitioner
Vs.
M.Sumathi ..Respondent
PRAYER :
Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decretal order dated 03.06.2017 made in I.A.No.464 of 2017 in F.C.O.P.No.36 of 2015 on the file of the Family Court, Erode by allowing the Civil Revision Petition.
For petitioner :Mr.D.Gopal
For Respondent : Mr.S.Mukunth
for M/s.Sarva Bhauman Associates
ORDER:
The respondent has filed the Divorce petition in F.C.O.P.No.36 of 2015 against the petitioners. The Revision petitioner herein has filed an application in I.A.No.464 of 2017 for reopening the petitioner's evidence for adducing further evidence examining the mother of the petitioner. The said application was allowed and therefore, the petitioner preferred Civil Revision petition before this Court.
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respondent will examine only the respondent's mother, no other evidence will be examined on the side of the respondent. In view of the above, the petitioner has no serious objections for allowing the petitioner's mother alone to be examined as a witness on the side of the respondent.
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stands dismissed. No costs.
09.02.2018
Speaking/Non-speaking order
Index : Yes/No
Internet: Yes/No
sk/kak
To
The Family Court,
Erode.
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D.KRISHNAKUMAR. J, sk/kak
C.R.P.(PD).No.2396 of 2017 &
C.M.P.No.11282 of 2017
09.02.2018
2 issues framed by the court
Whether the Civil Revision Petitioner's application to reopen evidence for examining their mother should be set aside when only a limited reopening of the applicant's own mother was sought.
Whether the Family Court erred in refusing to examine the petitioner's mother as further evidence after permitting the examination of the respondent's mother.
1 provisions across 1 enactments
R. Palanisami
M. Sumathi
D. KRI坤NAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
