ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)

On perusal of the speaking to minutes note, following rectifications are made in para-7, 4th line, page 28 of the order dated 28th June, 2024:

“7. … … We tend to agree with the counsel for the respondent – husband that Exh.61 along with the corresponding documents have not been produced on record and had it gone unnoticed would have been fatal to our call.”

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The speaking to minutes is allowed to the aforesaid extent. Rest of the order shall remain unaltered.

(BIREN VAISHNAV, J.)

(NISHA M. THAKORE, J.)

AMAR RATHOD...

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 1418 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/FIRST APPEAL NO. 1418 of 2024 ==========================================================

SHAILY KUNAL AGRAWAL Versus KUNAL NANDLAL AGRAWAL ==========================================================

Appearance:

MR. JAL SOLI UNWALA, SENIOR COUNSEL WITH MS ZEAL H SHAH(9811) for the Appellant(s) No. 1 MR. BHADRISH RAJU, ADVOCATE WITH DHANESH R PATEL(8226) for the Defendant(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE BIREN VAISHNAV and HONOURABLE MS. JUSTICE NISHA M. THAKORE Date : 28/06/2024

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE BIREN VAISHNAV)

1 This appeal has been filed by the wife, Shaily Kunal Agrawal, challenging the order dated 29.03.2024 passed by the Family Court, Ahmedabad. By the aforesaid order, the Family Court rejected the application Exh.66 filed by the wife in Family Suit No. 1963 of 2021. Family Suit No. 1963 of 2021 has been filed by the respondent – Kunal Agrawal for divorce from the appellant under the provisions of Sec.13(1)(ia) & (ib) of the Hindu Marriage Act.

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2 Facts in brief are as under:

2.1 Hindu Marriage Petition No. 1963 of 2021 has been filed by the husband before the Family Court on 14.09.2021 praying that he be granted a decree of divorce. The family suit is pending before the Family Court. The case of the husband is that he married the respondent / appellant – wife in the year 2015. The marriage has broken and therefore he desires a decree of divorce.

2.2 To this application, the appellant – wife filed a response in July 2022 denying the allegations in the application. The appellant filed an application under Sec.24 of the Hindu Marriage Act, seeking maintenance for herself and her son in the pending family suit. She prayed that the respondent – husband be directed to pay a total of Rs.25 lakhs per month as maintenance towards herself and her minor son. Further prayer was to pay cost of Rs.5 lakhs as litigation charges.

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2.3 A reply was filed by the husband to the application under Sec.24 in October, 2022 within a month of the application together with an affidavit of assets and liabilities in accordance with the judgement of the Hon’ble Supreme Court in the case of Rajnesh Vs. Neha., rendered in Criminal Appeal No. 730 of 2020 dated 04.11.2020. The respondent has also filed an affidavit showing details of income with supporting documents. The appellant – wife filed an application with a prayer that the husband be directed to produce documents in the format and in compliance of the order of the Hon’ble Supreme Court in the case of Rajnesh(supra). According to the application so filed, the husband filed a reply to the production application giving the details of his assets showing financial gains, audit reports etc., in the companies where he was a whole time Director and the salary or the honorarium that he was earning.

2.4 The wife, thereafter, filed second application Exh.45

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for production of certain other documents at the hands of the respondent – husband, wherein, the Family Court passed an order dated 06.03.2023 rejecting such an application at the hands of the wife. That order

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