Mandeepsingh Kulbirsingh Chhatwal v. Pooja Kaur Mandeepsingh Chhatwal

dyb 1 WP12761-18dt 06-12-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12761 OF 2018 Mandeepsingh s/o Kulbirsingh Chhatwal ...

Petitioner

Versus

Pooja Kaur w/o mandeepsingh Chhatwal ...

Respondent Mr. P.N. Sonpethkar, Advocate for the Petitioner. Coram : N.M. Jamdar, J.

Date : 6 December 2018 Oral Order :

1.

By this petition, the petitioner has challenged the order passed by the Family Court, Aurangabad issuing witness summons, on the application filed by the respondent-wife. 2.

Respondent-wife had moved an application for issuance of witness summons to the owners of certain buildings, which have been listed in the application, where, the hoardings have been put up by the petitioner. According to the respondent-wife, the agreements in respect of the hoardings will be necessary to be placed on record as

dyb 2 WP12761-18dt 06-12-2018 it will demonstrate the income derived by the petitioner therefrom. The petitioner has resisted the application on the ground that there are no such agreements.

3.

The fact that the hoardings exist on such buildings is not disputed. The assertion of petitioner that these hoardings were put up without there being any agreement with the owners of the buildings, is difficult to believe. It is common knowledge that substantial income is derived from the hoardings. In this back drop, if the Family Court has issued witness summons to the owners of the buildings to ascertain the veracity of the assertion of the petitioner, there is no error of jurisdiction, neither there any perversity. Writ petition is rejected. N.M. Jamdar, J.