DARSHANABEN PANTHESHBHAI PATEL Vs. PANTHESHBHAI DASHRATBHAI PATEL

JUDGEMENT

(1.) RULE. Mr. Mehul S. Shah, learned Advocate waives service of Rule on behalf of the respondent. With the consent of the learned Advocates appearing on behalf of the respective parties, the petition is taken up for final hearing today.

(2.) BY way of this petition, under Article 227 of the Constitution of India, the petitioner has prayed for an appropriate Writ, direction and/or order quashing and setting aside the order dated 10. 03. 2008 passed by the learned Family Court No. 3, Ahmedabad below Exh. 15 in Family Suit No. 747 of 2006, by which the learned Family Court has directed the petitioner to produce document i. e. divorce decree. It prima-facie appears to the Court that at this stage, there is no relevance to produce the document in question as at present dispute with respect to earlier divorce is not in question and therefore, at this stage, production of such document is not warranted.

(3.) MR. SHAH, learned Advocate appearing on behalf of the respondent has submitted that one application for amendment is already pending before the learned Family Court, Ahmedabad and if the amendment application is allowed at all, at that stage question with respect to relevancy of such documents might arise, and therefore, if this Court is to quash and set aside the impugned order, liberty be reserved in favour of the respondent to submit an appropriate application after amendment application is allowed, if at all, so that relevance of production of such document can be considered.