PUSHKAR NAVNITLAL SHAH Vs. RAKHI PUSHKAR SHAH

JUDGEMENT

(1.) This petition, though styled as a petition under Articles 226 and 227 of the Constitution of India, is in effect a petition under Article 227 of the Constitution of India. The petitioner herein is the original applicant of application exhibit 29 made in HMP No. 341 of 2005 while the respondent herein is the original opponent in the application. Hereinafter the parties shall be referred to as per their respective description in the application for the sake of convenience.

(2.) The opponent during pendency of HMP No. 341 of 2005 moved an application for maintenance pendente lite under the provisions of Section 24 of the Hindu Marriage Act, 1955 (The Marriage Act). The applicant herein has already submitted his reply and his objections to the said application. The present application came to be moved by the petitioner-applicant under the provisions of Order XI Rule 14 of the Code of Civil Procedure, 1908 (CPC) for a direction to the opponent to produce the following five documents: 1 Latest balance sheet and profit & loss account of M/s. Rajkumar Agencies & Wholesale Pharmaceutical Firm. 2 Latest balance sheet and profit & loss account of M/s. Rajkumar Medical Stores Retail Firm. 3 Latest Income Tax return of brother of the Respondent Dr. Santosh Govardhanbhai Gujarathi. 4 Latest Income Tax return of brother of the Respondent Dr. Vinod Govardhanbhai Gujarathi. 5 Latest Income Tax returns of the Respondent. After hearing the petitioners the Trial Court has rejected the said application vide impugned order dated 29.7. 2006 and hence this petition.

(3.) Mr. Sudhakar Joshi, appearing on behalf of the petitioner-applicant assailed the impugned order with a special reference to the following grounds taken in the memo of petition: