AMARESH Vs. SUVARNA

JUDGEMENT

(1.) The learned Counsel for the petitioner and the learned Counsel for the respondent are heard, and the impugned order dated 21.03.2020 in Crl. Misc. No.317/2016 on the file of the II Additional Principal Judge, Family Court, Bengaluru [for short Family Court ] is perused. The Family Court by the impugned order has rejected the petitioner s application under Section 65 of the Indian Evidence Act, 1872 read with Section 151 of the Civil Procedure Code, 1908 for production of certified copies of the pleadings in certain prior proceedings as mentioned hereinafter.

(2.) The respondent has filed her application in Crl. Misc. No.317/2016 under Section 125 of the Criminal Procedure Code, 1973 [for short Cr.P.C.] for maintenance asserting inter alia that the petitioner, her husband who is duty bound to provide for her maintenance, has failed to do so. The petitioner has resisted the petition contending that because of certain prior proceedings inter se respondent/her family members and his family members and him, his mother has executed her last Will and Testament bequeathing in respondent s favour life interest in two commercial shops in New Tharagupet, Bengaluru apart from permitting the respondent to occupy, without any cost, one of the premises in the first floor of the property owned absolutely by her. These measures are intended to ensure that there is proper arrangement for the respondent s maintenance. The petitioner s mother is no more and these measures are irrevocably settled in favour of the respondent. The respondent, despite these measures, has initiated the present proceedings under Section 125 of Cr.P.C. after a long lapse of time.

(3.) The respondent has completed her evidence and the petitioner has filed his affidavit in lieu of his chief examination. It is at this point of time that the petitioner has filed the present application seeking leave to produce the following certain, and one of the documents is an Endorsement issued by the Civil Court stating that the records in Criminal Misc. No.1064/2006 have been destroyed on 21.11.2020.