1 (4) WP 680/10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Amk WRIT PETITION NO. 680 OF 2010 Mrs. Jayashree Ganesh Pachare .. Petitioner Vs. Dr. Ganesh Appa Pachare .. Respondent Mr. Prakash D. Gharge for the Petitioner. Mr. S. D. Patil i/b Mr. D. S. Matwankar for the Respondent. CORAM : MRS. ROSHAN DALVI, J. Date : 18th February, 2011 P.C. 1. Rule made returnable forthwith. 2. A final order under Section 125 of the Code of Criminal Procedure came to be passed regarding the maintenance to be paid to the Petitioner wife on 18th November, 2008 by the Family Court, Mumbai. The wife has had to execute that order by taking various Recovery Darkhasts. Thereafter the husband took out another application for witness summons under Order XVI Rule 7A of the Code of Civil Procedure. In that application the witness summons has been issued upon the employer of the wife on 15.01.2010. That order is challenged. 3. It is contended that the husband was required to take out an application under Section 127 of the Code of Criminal Procedure for modification of the order under Section 125 of the Code of Criminal Procedure which has not been done and application simplicitor for issue of 2 (4) WP 680/10 witness summons under Code of Civil Procedure is improper. 4. The Court is required to determine the truth when the Court finds that a truthful fact is suppressed. However that can be done upon an application being made. The substantive application would be under Section 127 of the Code of Criminal Procedure. That application is not filed. Once that application is filed, an application for issue of witness summons under Order XVI Rule 7A would certainly be in place. Hence only directions are required to be passed in this Writ Petition. The Respondent husband shall take out an application under Section 127 of the Code of Criminal Procedure. Under that application, the application already taken out and the order already passed therein shall be considered, so that both the parties are heard on merits and the entire truth is brought out before the Court. In the meantime the husband shall obey and comply with the order of maintenance already passed. 5. Rule is made absolute to that extent. 6. Writ Petition is disposed of accordingly. ( ROSHAN DALVI, J.)