Bombay High Court
Shailendra S/O Kamaldas Kamble vs Sou. Vaishali Shailendra Kamble ... on 28 July, 2016
Bench: S.B. Shukre
cwp860.15.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL WRIT PETITION NO. 860 OF 2015
Shailendra s/o Kamaldas Kamble
aged about 40 yrs., Occp. Service,
r/o Plot No.17, Galli No.7, Jogi Nagar,
Rameshwari Road, Nagpur. :: PETITIONER
.. Versus
..
Sou. Vaishali Shailendra Kamble
(Vaishali Manohar Patil),
aged about 36 yrs., Occp. LIC Agent,
r/o c/o Shri Manohar Gunnuji Patil,
Flat No. 49, Yashoda Nagar-II,
Near Jaitala road, Nagpur. :: RESPONDENT
...................................................................................................................................
Shri M. P. Kariya, Advocate for the petitioner.
Shri A. A. Sambaray, Advocate for the respondent.
...................................................................................................................................
CORAM : S. B. SHUKRE, J.
DATED : 28th JULY, 2016.
O R A L J U D G M E N T
O R A L J U D G M E N T
1. Heard.
2. Rule. Rule made returnable forthwith. Heard finally by
consent.
3. This writ petition challenges two orders passed on the same
day of 08/5/2015, whereby the application filed by the petitioner
seeking direction to the office of the Life Insurance Corporation to
submit income statement of the respondent has been rejected and the
application filed by the respondent for addition of her daughter as a
party to the proceedings has been allowed.
4. Insofar as the first order regarding rejection of the
application for issuance of direction to the Life Insurance Corporation
is concerned, I am of the view that such an income statement can be
sought and filed in the proceedings, as the information contained
therein would be relevant for deciding the issues between the parties,
in accordance with law. But, the prayer of this application dated
06/5/2015, being not specific, no fault with the impugned order
rejecting this application can be found. However, liberty to file fresh
application with a specific prayer can be granted.
5. So far as the second order is concerned whereby addition of
party has been allowed, I see neither any illegality nor perversity
therein. If the petitioner has any objection regarding grant of
maintenance, if any, from the date of the application, same could be
urged before the trial Court as to be from the date on which the party
has been added and if any such submission is made, it could be
appropriately considered by the trial Court.
6. In view of the above, writ petition cannot be allowed.
Writ petition stands dismissed. However, liberty is given to
the petitioner to file fresh application seeking direction to the Life
Insurance Corporation for submission of the income statement by
making a specific prayer and if such application is made within two
weeks from the date of the order, same shall be considered after giving
due opportunity of defence to the respondent by the trial Court, in
accordance with law, and as expeditiously as possible.
JUDGE
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Uploaded on : 01/8/2016
