Dismissed¶28

Shalini v. Rajukumar

Madras HC26 Feb 2025CRP(MD)/543/2025

Case brief

AI extract

What is this about?

Madurai Bench of Madras High Court, C.R.P(PD)(MD)No.543 of 2025 (decided 26.02.2025, R. Vijayakumar, J.): revision under Article 227 against Family Court, Pudukkottai order dismissing wife's I.A.No.5 of 2024 in husband's divorce petition H.M.O.P.No.116 of 2022, which sought examination of the husband's aunt as the wife's witness; Court held a close relative of the husband cannot be compelled by the wife to testify on her side; revision dismissed, no costs, connected miscellaneous petition closed. Keywords: compellability of close relative as witness, divorce proceedings, summons to witness, Family Court, Article 227.

What did the court decide?

No relief granted; no order as to costs; connected Miscellaneous Petition closed. ¶28

Shalini Vs Rajukumar — Writ and Judicial Review | Madras HC (2025)

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C.R..P.(PD)(MD).No.543 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 26.02.2025

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CORAM:

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THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR

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C.R.P(PD)(MD)No.543 of 2025 and

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C.M.P(MD) No.2932 of 2025

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Shalini

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... Petitioner/Petitioner/ Respondent

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Vs.

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Rajukumar ... Respondent/Respondent Petitioner

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PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India, challenging the fair and decreetal order dated 01.10.2024 made in I.A.No.5 of 2024 in H.M.O.P.No.116 of 2022 on the file of the Family Court, Pudukkottai.

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For Petitioner : Mr.A.Xavier Antony Samy

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For Respondent : Mr.D.Ramesh Kumar

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O R D E R

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The respondent in H.M.O.P.No.116 of 2022 on the file of the Family

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Court, Pudukkottai, has filed the present Revision Petition challenging the

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

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C.R..P.(PD)(MD).No.543 of 2025

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order of the Family Court, wherein the request of the petitioner to summon a close relative of the husband has been dismissed.

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2. A perusal of the records reveal that the respondent herein has filed the above said H.M.O.P.No.116 of 2022 for the relief of divorce. Pending the said application, the wife had filed I.A.No.5 of 2024 seeking to examine the Aunt of her husband on the ground that she is a close relative and her examination is very vital for the purpose of disposal of the proceedings. The Family Court has proceeded to dismiss the said application on the ground that it may not be appropriate to compel the close relative of her husband, to examine as a witness. Challenging the same, the present Civil Revision Petition has been filed.

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3. According to the learned counsel appearing for the revision petitioner, unless the close relative is examined, the reasons for the divorce cannot be made out. However, the learned counsel appearing for the respondent/husband as Caveator submitted that the wife cannot compel the husband to examine his close relative as witness.

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

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C.R..P.(PD)(MD).No.543 of 2025

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4. This Court is of the considered opinion that the close relative of the husband cannot be compelled by the wife to be examined as a witness on her side. The Family Court has rightly dismissed the said application. This Court does not find any merits in this Civil Revision Petition.

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5. Accordingly, this Civil Revision Petition stands dismissed . There

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shall be no order as to costs. Consequently connected Miscellaneous Petition stands closed.

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26.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi

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1. The Family Court, Pudukkottai.

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