S. SHANMUGAM Vs. ANNAMMAL

JUDGEMENT

(1.) The revision petitioner is the husband. He filed H.M.O.P. No. 731 of 2009 on the file of the Family Court, Coimbatore under Section 13(1)(ib) of the Hindu Marriage Act, seeking dissolution of marriage on the ground of cruelty. The respondent/wife filed I.A. No. 295 of 2015 in H.M.O.P. No. 731 of 2009 under Order 16 Rule 1(2), 6 r/w. Section 151 of C.P.C. to permit her to summon the Head master of Sri Jeyandra Saraswathi Matriculation and Higher Secondary School, Ondipudur and also to produce the documents relating to admission record of S. Yuvasri of 8th standard and the documents produced at the time of admission of the said S. Yuvasri.

(2.) After contest, the learned Principal Family Judge, Coimbatore allowed I.A. No. 295 of 2015 in H.M.O.P. No. 731 of 2015 by an order dated 31.03.2015. This revision petition is against the aforesaid order dated 31.03.2015.

(3.) The learned counsel for the petitioner has vehemently contended that as per Order 16 Rule 1(1) of C.P.C., the parties shall present an application to sun anon witness or produce documents within 15 days of settlement of issues. Hence, the learned Judge is not correct in allowing the application.