R.Sridharan v. S.Kalpana
Case brief
What is this about?
Petitioner Challenged an order dismissing an interim application for summons to the respondent's employer. Held that burden lies on petitioner to prove employment and lower court order was sustainable. Revision rejected.
What did the court decide?
Civil Revision Petition rejected. Connected Miscellaneous Petition closed.
What the court decided
C.R.P. (PD) No. 2220 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.11.2019
CORAM:
THE HONOURABLE Mr. JUSTICE R. SURESH KUMAR
C.R.P. (PD) No. 2220 of 2019
and
C.M.P. No. 14365 of 2019
R. Sridharan ... Petitioner
-Vs-
S. Kalpana ... Respondent
Prayer : Petition filed under Article 227 of the Constitution of India against the fair and decretal order dated 28.03.2019 in I.A. No. 95 of 2019 in H.M.O.P. No. 133 of 2017 passed by the learned Sub-ordinate Judge at Poonamallee.
For Petitioner : Ms. T. Ramadevi
O R D E R
This Civil Revision Petition has been filed against the fair and decretal order passed in I.A. No. 95 of 2019 in H.M.O.P. No. 133 of 2017
on the file of the learned Sub-ordinate Judge at Poonamallee, by order
Issues for consideration
3 issues framed by the court
Whether a Civil Revision Court should interfere when the lower court rejects an application for summons to an employer to produce salary evidence because the burden of proof lies on the husband to est
Whether the petitioner can shift the burden of proving the respondent's employment by seeking court issuance of summons to the employer instead of producing evidence himself.
Whether the respondent's statement regarding the petitioner family's desire for her salary can be used as judicial notice regarding her employment status.
Parties & counsel
- petitioner
R. Sridharan
- respondent
S. Kalpana
Coram
R. Suresh Kumar
Case details
As recorded by the court registry
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