YASHPALSING CHANDANSINGH THAKUR Vs. SWATI YASHPALSINGH THAKUR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Writ Petition is heard finally at the stage of admission, with the consent of learned counsel for the parties.

(2.) By this Petition, the petitioner impugns the order passed by Joint Civil Judge, B Grade, Buldana on 6.7.2007 rejecting the applications below Exhs. 36 and 37 and refusing to grant permission to the plaintiff to produce certain documents on record.

(3.) Few facts giving rise to the petition are stated thus: The petitioner had filed HMP No. 141/2006 before the Civil Judge S.D. Buldana under section 9 of the Hindu Marriage Act for a decree under sec. 9 of the Hindu Marriage Act, for restitution off conjugal rights. According to the petitioner, the marriage of the petitioner and the respondent was solemnized on 10.6.2006 at Mardadi Devi Sansthan, Dudha, Tahsil & Dist. Buldana, as per the Hindu rites and customs. After the marriage, the respondent lived with the petitioner at Buldana for a couple of days and according to prevailing customs in the community, the respondent was taken by her family members to her parental home. It is the case of the petitioner that after the respondent left for her parental home, she never returned to the petitioner and hence the petition for restitution of conjugal rights was filed. During pendency of the petition, the petitioner filed an application at Exhs. 36 and 37 for permission to file documents and certain photographs on record. The said applications were opposed by the respondent. The impugned order was passed by the trial Court on 6.7.2007 rejecting the prayers made in applications at Exhs. 36 and 37. The order dated 6.7.2007 is impugned in the instant petition.