K.Balasubramanian vs Thangaselvi
2023 Latest Caselaw 2314 Mad

                                                                               C.R.P(MD).No.659 of 2023


                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 13.03.2023

                                                       CORAM

                                  THE HONOURABLE MR.JUSTICE C.SARAVANAN
                                             C.R.P(MD).No.659 of 2023
                                                      and
                                             CMP(MD)No.3071 of 2023

                  K.Balasubramanian                     ... Petitioner/Petitioner/Defendant
                                                         Vs.
                  Thangaselvi                          ... Respondent/Respondent/Plaintiff
                  PRAYER:- This Civil Revision Petition has been filed under Article 227 of
                  the Constitution of India, to set aside the fair and decreetal order dated
                  23.09.2022 made in I.A.No.13 of 2022 and in O.S.No.45 of 2014 on the file
                  of Additional District Munsif Court, Arupukottai, by allowing the Civil
                  Revision Petition.
                                      For petitioner   : Mr.C.Chiristopher

                                                       ORDER

This petition has been filed to set aside the fair and decreetal order

made in I.A.No.13 of 2022 and in O.S.No.45 of 2014 on the file of

Additional District Munsif Court, Arupukottai, dated 23.09.2022.

2.The petitioner is the defendant in O.S.No.45 of 2014 filed by the

respondent for maintenance before the Additional District Munsif Court,

Arupukottai.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.659 of 2023

3.In the said proceeding, the petitioner had field I.A.No.13 of 2022

against the fair and decreetal order dated 23.09.2022. The aforesaid

application was filed by him under Order XVI Rule 2 & 5 of CPC to send for

documents namely, the Ration Card and the House Tax Receipts and to

summon the Government Officials to give evidence before the Court.

4.It is the specific case of the petitioner that in the written statement

filed in O.S.No.45 of 2014, the petitioner has specifically stated that he had

filed HMOP.No.57 of 2008 before the Sub Court, Arupukkottai, for divorce.

The respondent remained ex-parte before the said Court and therefore, the

ex-parte decree was granted and the marriage between the petitioner and the

respondent was dissolved on 24.10.2008. It is submitted that the respondent

has also filed I.A.No.88 of 2012 against the said ex-parte order dated

24.10.2008. During the pendency of the said Interlocutory Application, the

dispute between the petitioner and the respondent was settled out of court

and the respondent agreed to receive a sum of Rs.5 lakhs as one time

settlement. Hence, on 20.07.2012, the said application was withdrawn by the

respondent. It is submitted that suppressing the above fact, O.S.No.45 of

2014 was filed by the respondent by placing reliance on the document issued

by the officials namely, the Ration Card and the House Tax Receipts to claim

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.659 of 2023

maintenance from the petitioner even though the marriage between the

petitioner and the respondent stood dissolved, pursuant to the ex-parte decree

passed on 24.10.2008 in HMOP.No.57 of 2008. It is submitted that the Trial

Court has committed error in rejecting the application filed for sending the

document to ascertain the genuinity of the documents and to summon the

officials to give evidence before the Court. The respondent has filed the said

suit for maintenance on the ground that the marriage between the petitioner

and the respondent is subsisting.

5.I have considered the arguments. The case of the petitioner is that

marriage stood dissolved by an ex-parte judgment and decree dated

24.10.2008. If it is the case of the petitioner that the document namely,

Ration Card and the other documents were issued without his knowledge, it

is open for the petitioner to argue the case on the strength of ex-parte decree

granted by the Court in HMOP.No.57 of 2008. There is no necessity to

summon the officials to give evidence before the Court.

6.In any event, it is open for the petitioner to challenge the Ration Card

and the House Tax Receipts giving the details that the respondent as the wife

of the petitioner in the manner known to law. There is no merits in the present

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.659 of 2023

civil revision petition. In my view, no prejudice will be caused to the

petitioner. The request of the petitioner has been rightly turned down by the

learned Additional District Munsif Court, Arupukottai, vide the impugned

fair and decreetal order dated 23.09.2022.

7.Considering the fact that Original Suit is of the year 2014, there shall

be a direction to the learned Additional District Munsif Court, Arupukottai,

to dispose the suit in O.S.No.45 of 2014 as expeditiously as possibly

preferably within a period of 9 months from today.

8.Considering the same, this Civil Revision Petition stands dismissed.

No costs. Consequently, the connected miscellaneous petition is closed.

13.03.2023 NCC : Yes/No Index : Yes/No Internet:Yes/No dss

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.659 of 2023

To

1.The Additional District Munsif Court, Arupukottai.

2.The Record Keeper, V.R. Section, Madurai Bench of Madras High Court, Madurai.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.659 of 2023

C.SARAVANAN,J.

dss

C.R.P(MD).No.659 of 2023 and CMP(MD)No.3071 of 2023

13.03.2023

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