Interim Order 1

Order Details: Order below Ex-1
Pdf Text: IN THE COURT OF THE JUDICIAL MAGISTRATE (FIRST CLASS)
10TH COURT, ANDHERI, MUMBAI
C.C.No. 301/DV/2023
ORDER BELOW EXH.1
The applicant moved an application under Section 91 of Cr.P.C.
seeking directions against respondent No.1 to tender the documents like
salary slip, form No.16, employment certificate and rent agreement for
determining the financial status and capacity of respondent No.1. The
respondent No.1 has opposed the application through reply (Exh.17) stating
that his income is disclosed in bank statement and form No.16 is confidential
document. Also he stated that employment certificate is not necessary and
relevant as well as the rent agreement is also not material to decide the
quantum of maintenance.
2. I have heard both sides. It appears from the reply that the
respondent nowhere dispute the custody of these documents. It is only the
contention in reply that he will tender these documents during trial as they
are not relevant at this time.
3. The judgment of Rajnish V/s. Neha is very much clear.
Truthfulness of the averments made in the affidavit of Assets and Liabilities
can be tested only with the help of supporting documents. There is no reason
to withheld the documents by the respondents. He filed his affidavit of Assets
and Liabilities on 17/12/2024. As there is no reason to withheld the
documents and the documents asked for are relevant to test the truthfulness
of statements in affidavit of Assets and Liabilities, the application needs to be
allowed.
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4. The application was filed on 26/06/2025. Even the respondent
could have filed the document since the receipt of application filed by the
application under Section 91 of Cr.P.C. Thus, the following directions :
ORDER
1. The respondent shall filed the documents required by the applicant
without fail on the fixed date.
2. He is also directed to file the latest salary slip along-with
aforementioned documents.
3. In case if he do not have any aforesaid document, he shall file affidavit
to that effect.
(S.G. Agrawal)
Place : Mumbai. Judicial Magistrate (F.C.)
Dated : 11/06/2026 10th Court, Andheri, Mumbai.
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