(Guest)

Whether wife can seek production of documents relating to in

Whether wife can seek production of documents relating to income of husband under DV Act?

It is true that the
application filed by the respondent wife before trial Court is somewhat
vague. The relevancy of the documents which are sought, is not
explained, but at the same time if one has regard to the nature of
documents which are sought to be produced, those pertain to Sales Tax
and Income Tax Returns of the business of the present petitioners.
Needless to say that as the proceedings are under Domestic Violence
Act and respondent wife is claiming various reliefs therein including that
of maintenance and also provision for residence, in order to decide the
quantum of maintenance, these documents are helpful not only to the
respondent wife, but also to the court as they will depict financial status

of the petitioners' family. Therefore, relevancy of these documents
cannot be disputed even if not expressly pleaded.
6. It may be true that petitioner No.1 being husband is alone
liable to provide maintenance to respondent wife, but even the financial
position of his parents and his family as such is required to be taken into
consideration for deciding the quantum of maintenance. If the petitioner
No.1 and his family is having several businesses and income therefrom,
then, production of income tax and Sales Tax returns of his businesses
will be relevant for assessing the quantum of maintenance and other
reliefs like provision of residence or compensation as may be asked by
the respondent wife.
7. As regards the procedure, section 28(2) of the Domestic
Violence Act, makes it clear that the procedure has to be liberal and not
necessarily the one as prescribed by the provisions of Code of Criminal
Procedure and therefore, that cannot come in the way of the trial Court in
arriving at just and proper decision of the case and for that purpose
directing the petitioners to produce documents. The order passed by the
trial Court also makes it clear that the petitioners are directed to produce
copies of documents of Sales Tax and Income Tax Returns in respect of
“their business firms”, therefore, it is not necessary that the petitioners

should produce all the documents, as prayed in the application with this
clarification, in my considered opinion, no interference is warranted in
the impugned order of the trial court.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.1953 OF 2015.
Mr. Prasad Janardan Kurade,
V/s.
Mrs. Nikita Prasad Kurade
CORAM : DR. SHALINI PHANSALKARJOSHI, J.
DATE : 13th JANUARY, 2016.
Citation: 2016 ALLMR(CRI)2300