SCA/8459/2008 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 8459 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE M.R. SHAH ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge? ========================================================= DARSHANABEN PANTHESHBHAI PATEL - Petitioner(s) Versus PANTHESHBHAI DASHRATBHAI PATEL - Respondent(s) ========================================================= Appearance : MR TS NANAVATI for Petitioner(s) : 1, MR MEHUL S SHAH for Respondent(s) : 1, MR SURESH M SHAH for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE M.R. SHAH Date : 27/08/2008 ORAL JUDGMENT 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 SCA/8459/2008 2/3 JUDGMENT 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 SCA/8459/2008 3/3 JUDGMENT 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. 4. Considering above, the impugned order dated 10.03.2008 passed by the learned Family Court No.3, Ahmedabad below Exh.15 in Family Suit No.747 of 2006 is hereby quashed and set aside at this stage. However, liberty is reserved in favour of the respondent to submit an appropriate application at an appropriate stage, after amendment application is allowed, if at all, and at that stage as and when such application is submitted, same shall be considered by the learned Trial Court in accordance with law and on merits considering relevance of production of such document at that stage and without in any way being influenced by the present order. Rule is made absolute to the aforesaid extent. However, there shall be no order as to costs. [M.R.Shah,J.] satish