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2022 Supreme(Del) 1217

MUKTA GUPTA
Sonata Parashar – Appellant
Versus
Tushar Goyal – Respondent


Advocates appeared:
Mr. Jatin Sehgal, Advocate, for the Petitioner; Ms. Priya Hingorani, Sr. Advocate with Mr Himanshu Yadav & Mr. Anirudh Jamwal, Advocates, for the Respondent

JUDGMENT

1. By this petition, the petitioner seeks setting aside of the order dated 17th November 2021 passed by the learned Additional Sessions Judge, Saket whereby the appeal filed by the petitioner against the order of the learned Metropolitan Magistrate dated 1st September 2021 wherein the respondent was directed to produce only the partnership deed and Income Tax Return, was dismissed.

2. The petitioner got married to the respondent on 23rd February 2015. However, due to the differences between the parties on the allegations of unlawful acts of the respondent, the petitioner filed an application under Section 23 of the Protection of Women from Domestic Violence Act 2005 (in short, the PWDV Act) before the learned Metropolitan Magistrate being CC No. 13307/2018 titled 'Sonata Parashar Vs. Tushar Goyal and Ors.' The learned Metropolitan Magistrate issued notice to the respondent on the said application and in the meantime, restrained him from dispossessing the petitioner from the matrimonial home. Vide order dated 27th April 2019, learned M.M. directed both the parties to file their respective income affidavits in terms of the judgment of this Court reported as (2020) 271 DLT 232

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