Dismissed

M.Nithya,W/O P.Madheswaran v. P.Madheswaran

Madras HC2 Jul 2021CRP/290/2018

Case brief

AI extract

What is this about?

Bench disposed of a civil revision petition challenging an interim Family Court order directing the respondent husband to return certificates held by him. The High Court held the petitioner should approach the Family Court to execute the interim order.

What did the court decide?

Petitioner directed to approach the Family Court to execute the interim order. Connected miscellaneous petition closed.

M.Nithya,W/O P.Madheswaran Vs P.Madheswaran — Matrimonial and Divorce | Madras HC (2021)

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C.R.P.(P.D).No.290 of 2018

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 02.07.2021

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CORAM

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THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN

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C.R.P.(PD) No.290 of 2018
and
CMP No.1581 of 2018
M.Nithya ... Petitioner
Vs
P.Madheswaran ... Respondent
Prayer :- Civil Revision Petition is filed under Article 227 of the
Constitution of India to set aside the order passed in IA.No.420 of 2017 in
FCOP.No.403 of 2016 on 24.10.2017 on the file of the Family Court, Erode,
Erode District

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For Petitioner : Mr.K.S.Kumar For Respondent : No appearance

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ORDER

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This Civil Revision Petition is filed against the order passed in

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IA.No.420 of 2017 in FCOP.No.403 of 2016 on 24.10.2017 on the file of

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the Family Court, Erode, Erode District, thereby allowing the petition and directed the respondent to return the certificates.

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https://www.mhc.tn.gov.in/judis/

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C.R.P.(P.D).No.290 of 2018

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The petitioner is the wife and the respondent is the husband.

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The respondent filed petition for restitution of conjugal rights as against the

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petitioner. While pending restitution of conjugal rights petition, the petitioner filed petition for direction directing the respondent to return the original documents which were kept in the matrimonial house. The

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documents are as follows:

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1	SSLC mark sheet	Original
2	Higher Secondary School (+2) Mark sheet	Original
3	Transfer certificate	Original
4	Community certificate	Original
5	Birth certificate	Original
6	Law degree certificate	Original
7	B.L.Provisional certificate	Original
8	B.L. Mark sheet	Original
9	Voter ID card	Original
10	Driving licence	Original
11	LIC Bond bearing Policy No.704048886	Original
12	Law degree enrolment certificate	Original
13	Identity card issued by the Tamilnadu Bar counsel	Original
14	1^styear marksheet of MBA, degree	Original
15	Employment authorisation document (EAD) card issued in USA	Original
16	Social security number card issued in USA	original

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https://www.mhc.tn.gov.in/judis/

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C.R.P.(P.D).No.290 of 2018

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The respondent filed counter stating that the documents in

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serial Nos.1,2,3,4,11,12, 15 & 16 are in his custody and for remaining

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documents, he will try to find out and produce before the court below. The

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court below considering the same, allowed the petition and directed the respondent to hand over all the original certificates which were admittedly with his possession to the petitioner herein . The learned counsel for the petitioner would submit that even till today, the respondent did not hand

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over the documents as directed by the court below.

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Instead of filing any execution petition before the court below,

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the petitioner has preferred the present civil revision petition. Therefore, the petitioner is directed to approach the court below to execute the interim order passed by the court below in the manner known to law.

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With the above direction, this civil revision petition is disposed

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of. Consequently, connected miscellaneous petition is closed. No order as to costs.

02.07.2021

lok

Index:Yes/No

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https://www.mhc.tn.gov.in/judis/

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C.R.P.(P.D).No.290 of 2018

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Internet:Yes/No Speaking Order: Yes/No

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G.K.ILANTHIRAIYAN,J.

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lok

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To
The Family Court Judge,
Erode, Erode District
C.R.P.(PD) No.290 of 2018

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https://www.mhc.tn.gov.in/judis/

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C.R.P.(P.D).No.290 of 2018

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02.07.2021

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https://www.mhc.tn.gov.in/judis/

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M.Nithya,W/O P.Madheswaran v. P.Madheswaran

Case brief

What is this about?

What did the court decide?

M.Nithya,W/O P.Madheswaran v. P.Madheswaran

Case brief

What is this about?

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