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2007 Supreme(Mad) 418

K.CHANDRU
S. Amutha – Appellant
Versus
C. Manivanna Bhupathy – Respondent


Advocates:
For the Petitioner:K. Thilageswaran, Advocate. For the Respondent:
I.C. Vasudevan, Advocate.

Judgment :-

This Civil Revision Petition has been filed against the order of dismissal dated 14. 2006 passed in I.A.No.98 of 2006 in H.M.O.P.No.76 of 2005 on the file of the Principal Sub-Judge, Erode.

2. This is a case of an husband and wife fighting over the matrimonial cause relating to the dissolution of their marriage before the trial Court and have put their child on a burner unmindful of its future consequences. This is not a case where the King Solomons rule can be applied and ask the child to be cut by a sword to find out the real mother. But in this case, the real father and the mother are fighting and the child is called as a witness to speak about the truth or otherwise of the averments made in the pleadings filed by them before the trial Court. The father has brought the minor son and had put him on the witness stand to speak against his mother and the mother has objected to the same. The trial Court has brushed aside the objection of the mother (the revision petitioner herein) and held that the child witness was competent to speak about the dispute between the wife (petitioner) and the husband (respondent) and taken on record the sworn affidavit filed by the minor. Th





































































































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