Vinita W/O. Abhishek Dubey vs Abhishek S/O. Ashok Kumar Dubey
2017 Latest Caselaw 3440 Bom

                                                    1                     crwp184.17.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    NAGPUR BENCH AT NAGPUR

                 CRIMINAL WRIT PETITION NO.184/2017

      Vinita w/o Abhishek Dubey, 
      aged about 31 years, r/o Flat NO. 101,
      Rajat Utsav Society, Kachimet, 
      Amravati Road, Nagpur                      ....PETITIONER
                        ...V E R S U S...

      Abhishek s/o Ashok Kumar Dubey, 
      aged 33 years, r/o Flat No. 302, 
      Shubham Villa Near Medishine Hospital,
      New Rajendra Nagar, Raipur 
      (Chhattisgarh)

      Office Address: Bank of Maharashtra
      above Shree Leathers, Phool Chowk,
      Malviya Road, Main Branch, Raipur 
      (Chhattisgarh)                                         ...RESPONDENT

 -------------------------------------------------------------------------------------------
 Mr. Y. J. Mehswarhi, Advocate for petitioner.
 Mr. Masood Sharif, Advocate for respondent.  
 -------------------------------------------------------------------------------------------

                               CORAM:- V. M. DESHPANDE, J.

DATED :- 21.06.2017

ORAL JUDGMENT

1. Rule. Rule returnable forthwith. Heard finally by

consent of the parties.

2. The writ petition arises out of an order passed by the

learned Judge, Family Court, Nagpur in Petition E--249/2014.

The present petitioner has filed the said petition for grant of

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maintenance under Section 125 of Cr.P.C. Both the learned

counsel submitted that during the pendency of the aforesaid

petition, the learned Judge of the Family Court has directed the

respondent-husband to pay maintenance of Rs.15,000/- per month

by way of interim maintenance. There is no dispute that the four

month's maintenance is accumulated on the part of respondent-

husband. The learned counsel for the respondent-submitted that

within 10 days, the same shall be cleared by depositing the said

amount in the Family court.

3. The present petition assails the order passed by the

learned Judge, Family Court, Nagpur below Exh.-176, which is an

application for issuance of witness summons to Nagar Nigam Zone

No. 4, Raipur and calling upon the department to place on record

7/12 extract and property card of the properties of the respondent.

4. The learned Judge, in my view has correctly observed

that 7/12 extract and property card are public documents and

therefore its certified copy can be obtained on payment of

requisite fees. Further, the learned Judge has rightly observed

that if the copies are not supplied under the Right To Information

Act, then appeals are provided under the Act itself. However, if

the petitioner obtains the certified copy of the 7/12 extract and

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property card of the properties, then those should be taken on

record and should be considered in accordance with law by the

learned trial Court.

With these observations, the writ petition is dismissed.

Rule is discharged.

JUDGE

kahale