1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1589 OF 2008 Mihir Rajendra Mehta ..Petitioner V/s. Anupam Nemani & anr. ..Respondents Mr.S.M.Gorwadkar, advocate, for petitioner Pallavi Divekar, advocate, for respondent No.1 CORAM : S.C.DHARMADHIKARI, J. DATE : 12TH MARCH, 2008 P.C. . This Writ Petition under Article 227 of the Constitution of India is not filed by any party to the litigation. 2. The petitioner is now summoned as a witness in Petition No.A-503 of 2004 which has been filed by the Family Court at Mumbai by the respondent No.1-husband against respondent No.2-wife. Initially the petitioner was a co-respondent in this petition before the Family Court. Later on, name of the petitioner has been deleted and now he 2 has been summoned as a witness in the proceedings at the instance of respondent No.1. 3. The petitioner witness is aggrieved by an order passed by the Family Court during the course of deposition, directing him to appear before the Forensic Science Laboratory, Kalina, Mumbai for spectrographic examination of his voice. 4. The order reads thus :- “1.The Application Exh.86 filed by Petitioner for spectrographic examination of voice testing of witness Mihir Mehta, is hereby allowed. 2.The witness Mihir Mehta is hereby directed to appear before the Forensic Science Laboratory, Kalina, Mumbai for spectrographic examination of his voice. 3.The witness shall co-operate with the Authorities of said Laboratory as and when required by the said Laboratory for examination. 4.The relevant cassettes which were earlier sent to Forensic Science Laboratory for voice testing of Respondent, he again sent to the said Laboratory in sealed condition of comparison of voice of witness Mihir Mehta. 5.The Petitioner shall bear all expenses including examination fees of Laboratory and transportation charges, if any, required for that purpose. 3 6.The Forensic Laboratory Authorities shall on obtaining sample voice of witness Mihir Mehta and on examining the same with the male voice in the cassettes sent, shall submit their report directly to this Court confidentially. 7.The authorities of said Laboratory are hereby requested that the matter being time bound, the report to sent to this office earliest possible.” 5. When this petition was placed before me. I enquired from Mr.S.M.Gorwadkar as to how Writ Petition would lie at the instance of a witness to the proceedings. I expressed my own doubts with regard to the maintainability of this Writ Petition. Mr.S.M.Gorwadkar would urge that the petitioner is a person aggrieved and therefore, the petition is maintainable. He submits that Criminal Case No.29/SW/2004 has been filed by the respondent No.1 against the petitioner in the Court of Metropolitan Magistrate, 14th Court, Girgaon, Mumbai alleging adultery punishable U/s.497 of the Indian Penal Code. Mr.S.M.Gorwadkar submits that the petitioner apprehends that the entire material before the Family Court, including the report of this test, would be used against him in the 4 Criminal case. 6. In my view, the petitioner has already deposed before the Family Court. Therefore, during course of deposition impugned direction has been issued. That by itself does not give any right to the petitioner to approach this Court under Article 227 of the Constitution of India. More so, when this Court granted liberty to the respondent No.1 to this Writ Petition, to summon the present petitioner as a witness. That order and earlier order passed by the Family Court has not been challenged by the petitioner. In such circumstances, in the peculiar facts of this, the Writ Petition is not maintainable. Petition is dismissed. No costs. 7. However, dismissal of this Writ Petition as being not maintainable does not preclude the petitioner from raising appropriate pleas with regard to the impugned direction and all his rights and contentions in that behalf shall not be affected by the dismissal of this Writ Petition, 5 which is not entertained only on the ground of maintainability. (S.C.DHARMADHIKARI, J.)