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2023 Supreme(Online)(P&H) 18080

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent



297 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 25.02.2025 Ambrish Raja Garg ... Petitioner(s)

Versus Kritika Garg ... Respondent(s)

CORAM : HON'BLE MRS. JUSTICE ALKA SARIN Present : Mr. Ankush Singla, Advocate for the petitioner.

Mr. Pradeep Virk, Advocate for the respondent.

ALKA SARIN, J. (Oral)

1. The present revision petition has been filed under Article 227 of the Constitution of India challenging the impugned order dated 19.07.2023 (Annexure P1) whereby an application dated 25.03.2022 filed by the respondent-wife in divorce proceedings has been allowed.

2. Brief facts relevant to the present lis are that the petitioner herein filed a divorce petition under Section 13 of the of the Hindu Marriage Act, 1955 on the ground of cruelty. During the evidence of the petitioner, an application was filed by the respondent for depositing diet money of witnesses to produce the records for putting the same to the witnesses of the petitioner. Vide the said application, the respondent sought to summon the following witnesses alongwith the records :

“i. Clerk concerned, State Bank of India, Partap Nagar, Bathinda, alongwith original records, documents for opening account no 32286134029 in the name of Mr.

Ambrish Raja son of Sh. Shyam Murari Garg and also duly attested/certified copy of statement of account from the date of opening of account till date.

ii. Clerk concerned, State Bank of India, Sector 68, SAS Nagar, Mohali, alongwith original records, documents for opening account no.30768912466 in the name of Mr. Ambrish Raja son of Sh. Shyam Murari Garg and also duly attested/certified copy of statement of account from the date of opening of account till date.

iii. Clerk concerned, Federal Bank, Goyal Complex, Building no.3029, G.T.Road, Bathinda, alongwith original records, documents for opening account no.213300100019336, 21330100008644 in the name of Mr. Ambrish Raja son of Sh. Shyam Murari Garg, Bathinda and also duly attested/certified copy of statement of account from the date of opening of account till date, also attested copies of complete statement of accounts of all auto-sweep accounts prepared out of this account from the date of beginning of this account and also copies of all account statements of all FDRs in the name of Mr. Ambrish Raja in your bank AND also all original vouchers of all credit and debit entries of these accounts.

iv. Incharge/Partner of M/s Star Imaging Hospital (Dr. Raja's Vein Clinic), Near H.P. Petrol Pump, Bhatti Road, Bathinda, along with all Original Account books of firm i.e. ledger, cash book, journal, bills books, receipt books, patients register, all complete audit reports and other records maintained for preparing income tax returns, for the period from beginning of firm till date, All Original partnership deeds, dissolution deeds, change of constitution deeds, records of employees, register regarding different tests of all kinds of M/s Star Imaging Hospital (Dr. Raja's Vein Clinic) for the period from beginning to till date, all bills of purchase of machinery/all medical equipment's of M/s Star Imaging purchased or taken on lease till date.

v. Shyam Murari Garg son of Sh. Ved Parkash Garg, r/o H.No. 402, Ganpati Enclave, Dabwali Road, Bathinda along with his all bank account passbooks, statements of account for the period 2018 to till date, last pay drawn records, all sale deeds and title deeds regarding the properties purchased by him in his name or in the name of his wife Parveen Lata.

vi. Parveen Lata wife of Sh. Shyam Murari Garg son of Sh.Ved Parkash Garg, r/o H.No.402, Ganpati Enclave, Dabwali Road, Bathinda along with her all bank account passbooks/statements of account for the period 2018 to till date, all sale deeds and title deeds regarding the properties purchased by her, partnership deeds, dissolution deeds, change of constitution deeds of all concerns in which she is partner and also all lease deeds of properties which have been rented out by her, including propert

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