SONATA PARASHAR Vs. TUSHAR GOYAL

JUDGEMENT

(1.) By this petition, the petitioner seeks setting aside of the order dtd. 17/11/2021 passed by the learned Additional Sessions Judge, Saket whereby the appeal filed by the petitioner against the order of the learned Metropolitan Magistrate dtd. 1/9/2021 wherein the respondent was directed to produce only the partnership deed and Income Tax Return, was dismissed.

(2.) The petitioner got married to the respondent on 23/2/2015. However, due to the differences between the parties on the allegations of unlawful acts of the respondent, the petitioner filed an application under Sec. 23 of the Protection of Women from Domestic Violence Act 2005 (in short, the PWDV Act) before the learned Metropolitan Magistrate being CC No. 13307/2018 titled 'Sonata Parashar Vs. Tushar Goyal and Ors.' The learned Metropolitan Magistrate issued notice to the respondent on the said application and in the meantime, restrained him from dispossessing the petitioner from the matrimonial home. Vide order dtd. 27/4/2019, learned M.M. directed both the parties to file their respective income affidavits in terms of the judgment of this Court reported as (2020) 271 DLT 232 in Kusum Sharma Vs. Mahinder Kumar Sharma.

(3.) Grievance of the petitioner is that though she filed an income affidavit along with the relevant documents, however, the respondent filed his income affidavit without disclosing his true financial details along with the illegible, deficient and incomplete documents. Further, despite the undertaking given to file a complete set of income affidavit along with the set of legible documents, the so called complete set of documents filed by the respondent in support of his income affidavit was still incomplete and thus, the petitioner filed a list of missing documents to which the respondent gave an undertaking that after going through the said list, he will file the relevant documents, however, he failed to file the same.