Mr. Nikhil Dhansukhlal Kansara v. Mrs. Bhavna Nikhil Kansara

wp-2422-16-(33)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2422 OF 2016 Nikhil Dhansukhlal Kansara ..Petitioner Vs.

Bhavna w/o Nikhil Kansara ..Respondent Ms Deepa S. a/w Ms J. M. Sidwa i/b Ms Deepa Ganjoo for the Petitioner Mr. Ajit Kocharekar for the Respondent CORAM :

R. M. SAVANT, J.

DATE :

5th APRIL, 2016 P.C.

The Writ Jurisdiction of this court is invoked against the order dated 11-1-2016 passed by the Learned Judge of the Family Court No.7, Mumbia, by which order the application Exhibit 83 for issuance of the summons to the Manager of Standard Chartered Bank, SICI Capital Markets Ltd., Axis Bank, and SBI to produce certain documents came to be rejected. The Petitioner herein has filed the Marriage Petition in question being Petition No.A-2579 of 2009 for divorce on the ground of cruelty. It is required to be noted that the Petitioner has closed his evidence vide pursis marked as Exhibit 55. Thereafter the Petitioner had filed the applications Exhibits 75 & 77 for production of certain documents and adducing additional evidence on record. The said applications concern the same documents as the instant application. The said applications were rejected by the Trial Court by mmj

wp-2422-16-(33) order dated 29-7-2015 after the said applications were rejected that the instant application Exhibit 83, came to be filed. The Trial Court having regard to the rejection of the earlier applications as also having regard to the fact that the documents have no relevance in so far as the ground of cruelty is concerned, has dismissed the said application. In my view, no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed.

[R.M.SAVANT, J] mmj