Smt. Poonam Dhawan and Master Krishna vs Shri Manoj Dhawan

Prafulla C. Pant, J.—Heard.

By means of this petition, moved u/s 482 of Code of Criminal Procedure,1973, the Petitioners have challenged order dated 1.06.2011, passed by Principal Judge Family Court, Dehradun, in Case No. 180 of 2005, whereby said court has rejected application No. 246A moved by the Petitioner before the trial court.

Brief facts of the case are that, Petitioner No. 1 Poonam Dhawan has instituted a case u/s 125 Code of Criminal Procedure, against her husband Manoj Dhawan (Respondent) for maintenance for herself and her minor son Master Krishna. It appears that the case is pending since 2005. The Petitioner appears to have moved an application before the trial court to direct the Respondent to file the details of the Bank Accounts and Life Insurance Policies. The trial court has mentioned that Petitioner''s evidence has already been recorded whereafter Respondent has also been examined and cross examined. The trial court has further observed that the Income Tax return of the Respondent is already on the record. In the circumstances, the trial court did not think it proper to allow application 246A and rejected the same.

In the above circumstances, having gone through the impugned order, and after considering the submissions of learned Counsel for the Petitioners, this Court finds no illegality committed by the trial court.

Therefore, without expressing any opinion as to final merits of the case, pending before the trial court, this petition u/s 482 of Code of Criminal Procedure, is dismissed summarily.