T.R.S. PATHY SENTHIL Vs. AISHWARYA PATHY

JUDGEMENT

(1.) The above application is filed by the husband challenging the order passed by the Subordinate Judge, Mettupalayam in I.A. No. 18 of 2018 in H.M.O.P. No. 100 of 2017, whereby, the learned Judge has allowed the application filed by the wife to summon one Vivitha as witness on her side in the divorce proceedings initiated by the husband.

(2.) The husband had filed the application seeking for divorce on the grounds of cruelty and desertion in H.M. O.P. No. 100 of 2017 and the wife in turn had filed H.M. O.P. No. 7 of 2017 for restitution of Conjugal Rights on the file of the Subordinate Court, Mettupalayam.

(3.) When the matter was posted for arguments this petition was moved by the wife to examine the said Vivitha. The reason for examining the said lady is on the ground that the revision petitioner had married her during subsistence of the 1st marriage and had a child through the said Vivitha and therefore the said Vivitha had to be examined in order for the wife to substantiate her case.