LAWS(MAD)-2006-8-174

R GANESAN Vs. G AMUDHA DEVI

Decided On August 02, 2006
R GANESAN Appellant
V/S
G AMUDHA DEVI Respondents

JUDGEMENT

(1.) THE Civil Revision Petition is filed against the order dated 16. 12. 2005 in I. A. No. 421 of 2005 in O. S. No. 65 of 2004 on the file of family Court, Pondicherry.

(2.) 1. The revision petitioner is the husband and the first respondent is the wife and the second respondent is their daughter. The marriage between the revision petitioner and the first respondent was dissolved by order dated 31. 8. 1998 in M. O. P. No. 169 of 1997 on the file of Family Court, Pondicherry. It is stated that no appeal has been filed and hence, the said order dissolving the marriage has become final. 2. 2. The wife/first respondent herein filed a suit in o. S. No. 65 of 2004 before the Family Court, Pondicherry for recovery of educational expenses of the 2nd respondent herein. When the suit was posted for trial, the first respondent/plaintiff/wife came forward with i. A. No. 421 of 2005 seeking to receive certain documents after condoning the delay in filing those documents. 2. 3. According to the petitioners/respondents herein, those documents are vital for establishing their case and if the documents are not admitted, they would be put to irreparable loss and hardship, which cannot be compensated in terms of money. 2. 4. The respondent/revision petitioner herein opposed the petition on the ground that the documents, being filed at a belated stage, are in no way connected to the suit.

(3.) IN view of the above principle enunciated in A. Arumugham case (2006-I-L. W. 794), I find no reason to interfere with the order of the learned trial Judge. Accordingly, the civil revision petition is dismissed, at the admission stage itself, with the liberty to the revision petitioner to raise all objections as to the admissibility of the documents at the time of trial. Connected M. P. No. 1 of 2006 is also dismissed. .