AKHIL SARDA Vs. RAJMANI SARDA

JUDGEMENT

(1.) The petitioner herein is facing proceedings under Section 125 Cr.P.C. in the Family Court, Bikaner. The petitioner has set out a case that he has provided a flat to the respondent No.1 from which she is earning a handsome amount of rent. That apart, the children too own immovable properties and securities, the details whereof are essential to be produced on record so as to ensure that all material facts are brought on record for a just decision of the dispute. The petitioner moved an application under Section 91 of the Cr.P.C. in the Family Court No.2, Bikaner which has been rejected vide order dated 18.12.2018 which is assailed in this misc. petition.

(2.) I have heard and considered the submissions advanced by learned counsel representing the parties and have gone through the impugned order and the documents placed on record.

(3.) Ex-Facie, in proceedings under Section 125 Cr.P.C., financial status of the parties would be a relevant factor for arriving at just conclusion regarding entitlement and quantification of the amount of maintenance. Obviously, Bank Statements, Income Tax Returns, details of the properties etc. owned by the respondent No.1 and the children would be in her exclusive knowledge and the petitioner has no means to lay his hands thereupon. These material facts and documents have to be brought on record for a fair procedure.