1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7571 OF 2009 Uday Nikul Jariwala .. Petitioner Vs. Mrs. Vincy Uday Jariwala .. Respondent Mr. K. P. Mali and Mr. Ranjit A. Thorat for the Petitioner. Mr. Shashi Kumar Pandey for Respondent. CORAM : MRS. R. S. DALVI, J. DATE : 11th March, 2010. P.C. 1. Rule. Rule is made returnable forthwith. 2. The petitioner/husband is admittedly a beneficiary of Nikul Jariwala Family Trust. The petitioner has a 1/3rd share in the assets and properties of the testator Sanjeev Kumar @ Harihar Jethalal Jariwala. The petitioner has become major since 1993. The petitioner has filed his income tax returns since then. The petitioner states that copies of his income tax returns are misplaced. 2. The respondent wife sued the petitioner an alimony in 2006. The petitioner/husband along with his family members being his mother and brother have sought 2 to dissolve the trust which was formed under the Will of testator. The petitioner has admittedly obtained 1/3rd share in the trust. Upon dissolution of the trust that 1/3rd share came to be crystallized. Yet the petitioner contends that he does not know the extent of that share. Hence, the respondent/wife is required to obtain information through the documents of the petitioner contained in his income tax returns and bank account. Consequently the impugned order directs the petitioner to produce such of the documents as were not produced by him. The impugned order is correct. The petitioner must produce the documents called upon by the Court to produce so that the contention of the parties can be ascertained by the Court. 3. However, the main contention between the parties is that the petitioner’s 1/3rd share, which came to be crystallized under the dissolution of the trust, has not been shown by the petitioner. The son of the petitioner is entitled to a share out of such 1/3rd share for which the wife has sued on his behalf. 4. The properties of the petitioner can be obtained from the probate which was granted by the Court, income tax returns filed by the petitioner prior to dissolution of the trust and the bank account/accounts of the petitioner prior to such dissolution. 5. The wife would be entitled to obtain the certified 3 copy of the probate granted of this Court. The wife would also be entitled to obtain certified copies of the income tax returns of the petitioner based upon his pan number for the year prior to the dissolution of the trust. The wife shall also be entitled to obtain the copy and statement of the account of the petitioner certified by his bankers under the Bankers Book Evidence Act since the year prior to the dissolution of the Trust. Consequently, the writ petition can be disposed of with the following directions :- (i) The office of the Prothonotary and Senior Master of the High Court shall issue certified copy of the probate granted in respect of the Will of the aforesaid testator to the respondent wife on her application. (ii) The Income Tax Authorities shall issue certified copies of the Returns filed by the petitioner/husband under his pan number for the year ended 2004 onwards to the respondent/wife on her application. (iii) The Bank Manager, Dena Bank, Khar Branch; Syndicate Bank, Khar Branch; Bank of India, Khar Branch; HDFC Bank, Juhu Branch and Pali Hill Branch shall issue copies of statement of the account held by the petitioner/husband in the aforesaid banks from the year 2004 until now certified as true under the Bankers Book Evidence Act. (iv) The impugned order of the learned Family Court 4 Judge, 7th Family Court, Mumbai dated 16th July, 2009 is modified to the above extent. 6. The writ petition is disposed of in terms of the above directions and rule is granted accordingly. (R. S. DALVI, J.)