T A SHIVA KUMAR Vs. PUSHPA REKHA

JUDGEMENT

(1.) THE relationship of the parties to this Us as husband and wife is not in dispute. Wife, respondent in this petition has filed a petition under section 12 (l) (a) of the Hindu Marriage Act, 1955 ('act' for short), inter alia seeking the relief of declaration that their marriage solemnised on 8-12-1997 as null and void and for grant of permanent alimony of Rs. 30,00,000/- (Rupees Thirty Lakhs Only ). During the pendency of the matrimonial case, the wife has also filed an application under Section 24 of the Act for grant of interim maintenance and litigation expenses. The husband, petitioner herein has filed his objection to the main petition requesting the Court to dismiss the petition with costs and pass a decree of nullity of the marriage as prayed for by the petitioner but not on the basis of the averments made in the petition relating to cruelty but on the basis of non-consummation of marriage without any entitlement to the petitioner regarding permanent alimony. Subsequently, he has also filed additional written statement and in that has requested the Court to pass a decree of nullity of marriage without further proof of the matter. In the additional written statement in paragraph 3, he states as under:

(2.) PETITIONER-HUSBAND, insofar as the request made in the application for grant of interim maintenance by the wife, by filing his detailed affidavit has requested the Court to dismiss the same with costs. Along with this affidavit, he has also made an application under Order 12, rule 8 of the Code of Civil Procedure inter alia requesting the Court to direct the respondent to produce certain documents.

(3.) THE learned Trial Judge of the Family Court by his order dated 28th day of February, 2002, has allowed the application filed by the wife for grant of interim maintenance and litigation expenses and has rejected the application filed by the petitioner to summon certain documents which are in the custody of respondent. The petitioner aggrieved by these orders is before this Court in a petition filed under Articles 226 and 227 of the Constitution of India.