1 WP6296.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 6296 OF 2010 Mr. Sandeep Arun Kelshikar. ... Petitioner. V/s. Mrs. Swanandi Sandeep Kelshikar & Anr. ... Respondents. Mr. Vikas Khanolkar for the Petitioner. Mr. Anand Palande for the Respondents. CORAM : R.Y. GANOO, J. DATED : 24th MARCH 2011. P.C. :- Rule. Rule is made returnable forthwith. Learned Counsel appearing on behalf of the Respondents waives service. By consent, the Petition is taken up for hearing. 2. Affidavit affirmed on 23rd March 2011 is tendered in the Court. Copy of that is served upon the Advocate for the Respondents. If necessary, learned Advocate for the Respondents may place a copy of this affidavit before the Family Court to enable him to decide the matter. 3. The Petitioner herein has filed Petition for divorce under Hindu Marriage Act being M.J. Petition No. A-1657 of 2009 in the Family Court at Bandra, Mumbai. The Respondent herein 2 WP6296.10.sxw has filed application for maintenance being application dated 25th November 2009. In the said application, the Respondent herein filed application dated 16th April 2010 praying that the employer of the Petitioner M/s. Rane Prakashan Pvt. Ltd., Prahar Newspaper should be directed to file record pertaining to the Petitioner’s salary. Subsequently, Application dated 16th June 2010 is filed by which the Respondents want that salary records pertaining to all employees should be produced. The another application is filed dated 17th July 2010 for a relief more or less similar to the application dated 16th June 2010. All these applications were considered by the learned Judge of the Family Court and he has passed an order which reads as under :- “ The application is allowed. The Petitioner has not complied with order of the Court. Editor of Prahar news paper direct him to produce authenticated copy of salary register of all employees working under you.” This order dated 17th July 2010 and notice dated 19th July 2010 issued pursuant to said order dated 17th July 2010 is challenged by the Petitioner. 4. The Petitioner has stated before this Court that he was working with M/s. Rane Prakashan Pvt. Ltd. from September 2008 till March 2010. It is possible to say that in order to arrive at the correct figure of income earned by the Petitioner, 3 WP6296.10.sxw the record from his employer so far as the Petitioner is concerned may be necessary. At the same time, the view taken by the learned Judge that record of all the employees is required cannot be accepted. The employer M/s. Rane Prakashan Pvt. Ltd. is a private organization and therefore, there is bound to be some freedom for the employer to pay salary to a particular person at a particular rate and to another person at a different rate. The view taken by the learned Judge of the Family Court cannot be accepted. There is no need to peruse the salary record of other employees. Salary record of the Petitioner is necessary. In view of the above, the employer of the Petitioner can be directed to produce record pertaining to salary of the Petitioner for the period October 2008 till March 2010. 5. In view of the above discussion, following order is passed to dispose of the Petition :- (i) The order dated 17th July 2010 and notice dated 19th July 2010 issued by the learned Judge of the Family Court below applications dated 16th April 2010, 16th June 2010 and 17th July 2010 is partly set aside. (ii) M/s. Rane Prakashan Pvt. Ltd. are hereby directed to forward to the Family Court before whom M.J. Petition A-1657 of 2009 is pending record maintained by it pertaining to the salary 4 WP6296.10.sxw and other allowances paid to the Petitioner for the period October 2008 to March 2010. He shall produce the record on 18th April 2011. (iii) The Petitioner shall serve a copy of this order upon M/s. Rane Prakashan Pvt. Ltd. within 10 days from today. The Petitioner shall inform the Company the particulars of the Court where record is to be produced. He shall also supply a copy of this order to the learned Judge before whom Petition No. A-1657 of 2009 is pending. (iv) The Petition stands disposed of in the above terms with no order as to costs. (R.Y. GANOO, J.)