KARTHIK NAGARAJAN Vs. RASIKA BALACHANDER

JUDGEMENT

(1.) The review is sought for on the ground that the procedure adopted by the Family Court in relying upon the documents without marking them has resulted in grave prejudice to the petitioner. We had also dismissed the Appeal on the ground that no document has been placed before the Family Court to prove that the wife is living with another person.

(2.) During the hearing of the Review Application, the learned Senior Counsel appearing for the review petitioner drew our attention to the order of the Family Court, where the Family Court has made specific reference to various documents produced and has held that these documents do not prove the case of the applicant before it. We found that those documents though referred to in the order were not marked in evidence.

(3.) In our considered opinion, Sec. 14 of the Family Courts Act, does not enable the Family Court to refer to documents which are not proved or marked. In the light of the contents of the documents and the previous order passed by a Division Bench scaling down the maintenance, we are of the firm opinion that the review applicant should be given a chance to prove these documents by placing proper evidence before the Family Court.