S.Srinath v. J.Kalpana
Case brief
What is this about?
The Madras High Court allowed a civil revision petition holding that a wife's physical presence is not mandated for filing a proof affidavit in a mutual consent divorce suit if her consent is already recorded and no cross-examination is involved.
What did the court decide?
Physical presence of the wife for filing proof affidavit is not required; trial court directed to dispose of the divorce case expeditiously.
What the court decided
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Reserved on : 16.10.2018
Pronounced on : 26.10.2018
CORAM
THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN
C.R.P.(MD)(PD)No.2335 of 2018
S.Srinath
... Petitioner
-vs-
J.Kalpana
... Respondent
PRAYER: Civil Revision Petition filed under Section Article 227 of the Constitution of India, against the original suit filed by the Petitioners in HMOP.No.14 of 2018, pending on the file of the learned Subordinate Judge, Aruppukottai, Virudhunagar District.
For Petitioner : Mr.C.M.Arumugam
Issues for consideration
3 issues framed by the court
Whether the physical presence of a wife is required for filing a proof affidavit when her consent to mutual consent divorce is already recorded in court.
Whether the evidence of a deponent can be admitted without examination in chief if no cross-examination is required and no exhibits are to be marked.
Whether the trial court's condition for the wife's physical appearance is sustainable under Section 3 of the Evidence Act and Order 18 Rule 1 CPC.
Parties & counsel
- petitioner
S.Srinath
- respondent
J.Kalpana
Coram
M.V.Muralidaran
Case details
As recorded by the court registry
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