9911796707
TMI Blog1989 (4) TMI 9X X X X Extracts X X X X X X X X Extracts X X X X ..... Raghavan, wife of V. Venkataraghavan, residing at No. 15, Moosa Street, T. Nagar, Madras-17 which are kept in the custody of the respondent herein before the Principal Family Court at Madras forthwith for the purpose of adjudicating the case pending there in Income-tax Application 170 of 1988 in Original Petition No. 1038 of 1988. " Certain proceedings were pending before the family court which were got transferred from the City Civil Court, Madras, under the Hindu Marriage Act, between the petitioner and the third respondent, who is the wife of the petitioner. In the proceedings before the family court, i.e., the fourth respondent herein, the petitioner took out a summons to respondents Nos. 1 and 2 to produce certain documents and recor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... family court may be directed to give a decision on the main original petition itself as well as in the interlocutory application for the maintenance of the petitioner. Mr. Srinivas, the petitioner, appears in person and argues that the documents he requires are all non-classified documents and that the submission by the Income-tax Department before the family court is not justifiable. He further states that the records are necessary for the purpose of proving his case and without these records he is placed in a disadvantageous position, when the properties are standing in the name of his mother-in-law, being the benami of his wife. He states that he requires the assessment records of his wife, who is the third respondent herein, and his m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court that the family court has no jurisdiction to summon the records. Section 10 of the Family Courts Act, 1984, provides for the procedure and sub-section (1) of section 10 reads as follows : "Procedure generally.-(1) Subject to the other provisions of this Act and the rules, the provisions of the Code of Civil Procedure, 1908, and of any other law for the time being in force shall apply to the suits and proceedings (other than the proceedings under Chapter IX of the Code of Criminal Procedure, 1973) before a Family Court and for the purposes of the said provisions of the Code, a Family Court shall be deemed to be civil court and shall have all the powers of such court." In view of this clear provision in the Act, prima facie, I am of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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