DIVYA G.FERNANDES Vs. LANCELOT ALBERT MONTERIO

JUDGEMENT

(1.) In this petition filed under Sec. 482 of Cr.P.C., the petitioner has sought for setting aside the order dtd. 18/1/2013 passed by the IV-MMTC, Bangalore, in Crl.Misc.No.70/2011 and to allow the application filed under Sec. 91 of Cr.P.C and direct summoning of the documents mentioned in the said application.

(2.) The petitioner has filed petition under Sec. 12 of the Protection of Women From Domestic Violence Act, 2005 against the respondent initially before the VIII ACMM, Bangalore which was registered as Crl. Misc. No.1353/2010 and later transferred to IV-MMTC and re-numbered as Crl. Misc. No.70/2011 seeking residential order, maintenance order and other reliefs.

(3.) The respondent has entered appearance and is contesting the proceedings. During the enquiry on the said petition, the petitioner filed application under Sec. 91 of Cr.P.C. seeking a direction to the respondent to produce the documents, such as the Bank Statements, Income-tax returns, Account Ledgers, etc. to establish the annual income of the respondent during the period when she was living with him and for the subsequent period, for the purpose of proper decision on the question of quantum of maintenance. The said application was opposed by the respondent. During the hearing of the said application, the respondent produced copes of few income-tax returns and bank statements. However, the learned Magistrate rejected the said application. Aggrieved by the said order, the petitioner filed Criminal Petition No.4405/2012. When the said petition was pending before this Court, the petitioner filed another application under Sec. 91 of Cr.P.C seeking summoning of the documents mentioned in the earlier application from the income-tax authorities as well as the bank authorities. The learned Magistrate after hearing both sides rejected the said application by the order impugned in this petition. Aggrieved by the said order, the petitioner has presented Criminal Petition No.460/2013.