ARSHADAYUB KHWAJAHUSSENSNSAHEB BILLIWALE Vs. ZAIBANAAZ

JUDGEMENT

(1.) This writ petition is directed against the impugned order dtd. 21/10/2022 passed on I.A. No. 5 in Crl. Misc. No. 198/2021 whereby the said application filed by the petitioner/ husband under Order 13 Rule 7 CPC r/w Sec. 126 Cr.P.C . was rejected.

(2.) I have heard learned counsel for the petitioner and perused the material on record including the impugned order.

(3.) The material on record discloses that the petitioner and respondent got married on 28/11/2019 subsequent to which the respondent-wife filed the instant application in Crl. Misc. No. 198/2021 seeking maintenance u/S 125 Cr.P.C . which is pending before the Family court. During the course of evidence, the petitioner-husband filed the instant application seeking issuance of witness summons to the Doctor to give evidence and to produce documents. The said application having been opposed by the respondent/ wife, the Family Court proceeded to pass the impugned order rejecting the application, aggrieved by which the petitioner is before this Court by way of the present writ petition.