Shri Deepak Subhash Yadav v. Sou. Aarti Deepak Yadav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4205 OF 2016 Shri. Deepak Subhash Yadav .....Petitioner (Orig. Applicant) V/s.

Sou. Aarti Deepak Yadav .....Respondent (Orig. Opponent) * * * * * * Mr. Dilip Bodake, Advocate for the petitioner. None for the respondent.

CORAM :- SMT. R.P. SONDURBALDOTA, J.

DATED :- 20TH JUNE, 2016.

P.C. :- 1).

This petition challenges the order dated 18th December, 2015 by which the Court of Civil Judge Senior Division, Satara rejected the application filed by the petitioner at Exhibit-19 to examine a Doctor at the stage of hearing of an application for interim reliefs. The Court has rejected the application on the ground that, the same is premature and that the petitioner may renew the application at appropriate stage.

2).

In my opinion, there is no infirmity in the impugned order since the trial in the petition is yet to begin. The application for interim reliefs for maintenance is required to be considered on a prima-facie view of the matter and on the basis of the pleadings and the documents produced by the parties before the Court. Hence the writ petition is dismissed.

(SMT. R.P. SONDURBALDOTA, J)