ANUBHA MODI Vs. APURV MODI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 27.6.2018 passed by Third Additional District Judge, Dabra, District Gwalior in RCSHMA No.4/2017 by which the application filed by the petitioner under Order 11 Rule 12 & 14 of CPC has been rejected.

(2.) The necessary facts for disposal of the present petition in short are that the respondent has filed an application under Section 13 of Hindu Marriage Act for grant of divorce. An application under Order 11 Rule 12 and 14 of CPC as well as an application under Order 13 Rule 10 of CPC were filed for a direction to the respondent to produce the documents mentioned in the respective applications. The Court below has rejected the applications on the ground that they are not relevant for the disposal of the divorce petition because apart from the issue pertaining to relief and expenses, only two other issues have been framed which are with relation to the alleged cruelty committed by the petitioner.

(3.) Challenging the order passed by the Court below, it is submitted by the counsel for the petitioner that so far as the documents regarding the income of the respondent are concerned, they are necessary for the adjudication of the application filed under Section 24 of Hindu Marriage Act and in case if the occasion arises, then they would be necessary for deciding the application filed under Section 25 of Hindu Marriage Act, therefore, it cannot be said that the documents mentioned in the applications are wholly irrelevant. Further, the petitioner wants to prove that the respondent had misrepresented prior to marriage and in fact he had played fraud on the petitioner.