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2018 DIGILAW 142 (RAJ)

SUNITA CHOUDHARY v. MANOJ KUMAR

2018-01-10

AJAY RASTOGI, DINESH CHANDRA SOMANI

body2018
ORDER : 1. The instant appeal under Section 19 of the Family Courts Act, 1984 has been directed against the order dated 20.11.2017 passed by the Judge, Family Court No.1, Jaipur (hereinafter referred to as 'the Family Court') in matrimonial case titled as Manoj Kumar v. Sunita Choudhary, whereby the learned Family Court dismissed the application of the appellant-wife filed under Order 16 Rule 6 read with Section 151 CPC for summoning the documents. 2. The respondent/husband has filed a divorce petition under Section 13 of the Hindu Marriage Act against the appellant/wife on the ground of cruelty and desertion which is pending before the Family Court No. 1, Jaipur. On basis of the pleadings of the parties, learned Family Court framed issues. At the stage of petitioner's (respondent herein) evidence, the appellant/wife filed an application under Order 16 Rule 6 read with Section 151 CPC praying to summon the documents relating to counselling done by Army Wives Welfare Association, Jammu and the documents relating to stay of the parties in Army Engineers Mess, Delhi from 26.5.2013 to 10.6.2013. The respondent/husband did not file reply to the application. During course of the arguments, the respondent/husband submitted that he is ready to produce documents relating to stay of the parties in Delhi Army Area during 26.5.2013 to 10.6.2013 and the learned Family Court did not think it proper to summon the remaining documents from Army and disposed of the wife's application accordingly. The respondent/husband filed reply to the appellant/wife's appeal. 3. Learned counsel for the appellant submitted that the documents relating to counselling at Jammu are relevant to decide the issue of desertion alleged by the respondent/husband in divorce petition and the same must be brought on record for proper adjudication, otherwise it will cause irreparable loss to the appellant. 4. Learned counsel for the respondent reiterating the facts mentioned in the reply to the appeal, submitted that the respondent has already filed the documents in the Family Court as also in the High Court relating to stay of the parties in Delhi Army Area during the relevant period. Learned counsel also submitted that mediation/counselling have been held between the parties for 16 times at the different places on different dates i.e. in Army, Mahila Police Station Jhunjhunu, Hon'ble Supreme Court, Family Court Churu and Hon'ble High Court, Jodhpur. Learned counsel also submitted that mediation/counselling have been held between the parties for 16 times at the different places on different dates i.e. in Army, Mahila Police Station Jhunjhunu, Hon'ble Supreme Court, Family Court Churu and Hon'ble High Court, Jodhpur. Besides the above mentioned efforts, three times mediation have also been held at Family Court, Jaipur but all the mediation/counselling remained unsuccessful, therefore the documents relating to the counselling by Army Wives Welfare Association, Jammu will not be helpful for just decision of the case. Learned counsel further submitted that the appellant is delaying the matter unnecessarily just to humiliate the respondent. The appeal has been filed just to delay the decision of divorce petition pending in the Family Court. Learned counsel also submitted that the appeal is without substance and prayed to dismiss the appeal. 5. The respondent/husband has already filed documents in the Family Court relating to stay of the parties in Delhi Army Area during 26.5.2013 to 10.6.2013. The documents relating to counselling by Army Wives Welfare Association, Jammu on 25.5.2013 are not required for just and proper adjudication of the case. 6. On consideration of submissions made on behalf of the respective parties and having regard to the material made available on record, we do not find any illegality or impropriety in the impugned order requiring interference by this Court. The appeal is devoid of substance and the same is liable to be dismissed. 7. Consequently, the appeal is dismissed. It is expected from the ld. Family Court to expedite the matter as early as possible.