MINAL ANURAG GUPTA Vs. ANURAG RAMESHBHAI GUPTA

JUDGEMENT

(1.) The petitioner challenges the order passed below Exh. 22 in HMP No. 45 of 2014. Exh. 22 is filed by the defendant - wife seeking ''production and discovery' of documents from the plaintiff.

(2.) The plaintiff - husband has instituted a Family Suit No. 4 of 2015 before the Family Court, Ahmedabad praying for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act. In HMP, wife has filed interim maintenance application and pending the hearing of the said application, Exh. 22 is filed by the wife. The parties have married in 2002. They are blessed with one son - Daksh. At one time, they both were serving at Singapore. The dispute started between them and wife cam back to India and started living at parental home. She came back along with their son. The husband has filed reply to Exh. 22.

(3.) In the present case, the petitioner had asked for (a) IT return of India and Singapore of the respondent and (b) bank's statement of the plaintiff of his personal as well as of joint account for last 5 years of bank at India and at Singapore. In reply, the respondent has contended that this application is not maintainable and otherwise, the plaintiff has disclosed his monthly income on the basis of pay slip issued by the company. Further, it was contended that monthly income and expenditure is also stated by the plaintiff which is supported by affidavit. Therefore, for fair disposal of restitution Application, this application for production and discovery of document is not necessary.