- (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.;