In a revision under Article 226, the High Court set aside an interim order dismissing an application for account statements in a matrimonial dispute. The case was remanded to the Family Court for expedient disposal.
The impugned order dated 04.10.2017 was set aside. The Family Court was directed to dispose of the main petition by July 2018.
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: 20.02.2018
CORAM:
THE HONOURABLE MR. JUSTICE D. KRISHNAKUMAR
CRP (PD) No. 4455 of 2017
Gnanalochani .. Petitioner
Vs
J. Yoganandan .. Respondent
PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, to set aside the fair and decreetal order dated 04.10.2017 made in I.A. No. 179/2017 in H.M.O.P. No. 1947 of 2005 on the file of III Additional Family Court, Chennai.
For Petitioner : Mr. Arun Anbu Mani For Respondent : Mr. K.S. Narayanan
O R D E R
This revision petition is filed seeking to set aside the fair and
decreetal order dated 04.10.2017 made in I.A. No. 179/2017 in H.M.O.P.
No. 1947 of 2005 on the file of III Additional Family Court, Chennai.
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the petitioner has filed the O.P. No.1947 of 2005 before the Family Court, Chennai for dissolution of marriage and to direct the respondent herein to pay a sum of Rs.50,00,000/- as permanent alimony. In the aforesaid petition, she also filed Interlocutory Application in I.A. No.179 of 2017, under Order XVI Rule 6, r/w Section 151 of CPC, seeking to issue subpoena to the list of concerned authorities to furnish the particulars of respondent's account statements, holdings and other financial transactions from April 2014 till date. The respondent has filed the counter statement. It is further submitted that without considering the submission of the petitioner herein, the court below has dismissed the application. Hence, the present revision petition is filed before this Court.
in allowing the instant application.
made by the learned counsel for the parties, the impugned order dated
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04.10.2017 made in I.A. No. 179/2017 in H.M.O.P. No. 1947 of 2005 by
the court below is set aside. It is also made clear that the any officer concerned dealing with the subject, shall appear before this Court at the time marking of documents. At the request of both the parties, the III Additional Family Court, Chennai is directed to dispose of the O.P.
No.1947 of 2005 as expeditiously as possible, preferably on or before July
2018.
5. In fine, the Civil Revision Petition is allowed, with the
above direction. Consequently, the connected Miscellaneous Petition is
closed. No costs.
20.02.2018
Index : Yes/ No
Speaking order/ Non speaking order
[Issue order copy next week ]
avr
To
The III Additional Family Court Chennai.
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D. KRISHNAKUMAR J.,
avr
CRP (PD) No. 4455 of 2017
20.02.2018
2 issues framed by the court
Whether the interim order seeking account statements by the Family Court was fairly dismissed without considering the petitioner's submissions.
Whether the High Court should set aside the order and direct the Family Court to dispose of the main petition expeditiously.
Gnanalochani
J. Yoganandan
D. KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
