Single-judge order setting aside an order allowing summoning of a petitioner's service book in a domestic violence case, holding it irrelevant; directing use of salary certificate and income tax return instead.
Impugned order regarding summoning of service book set aside; petition and miscellaneous application disposed of.
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versus
THE STATE (GOVT. OF NCT OF DELHI) & ANR.
..... Respondents Through Mr. Mukesh Kumar, APP for the State Mr. N.P. Singh, Advocate for Respondent no.2
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK O R D E R % 20.02.2019
Trial court has permitted summoning of service book of the petitioner which in my view is not relevant for domestic violence case, filed by the wife against her husband.
Service book contains details of change in the post, station, office, scale of pay, nature of appointment, promotion, reversion, deputation, transfer on Foreign Service, increment, leave, suspension and any type of interruption in service etc. which are not relevant to determine the income of the respondent. Salary certificate and income tax return are relevant for this purpose. Accordingly, impugned order regarding summoning of service book is set aside.
Petition is disposed of. Miscellaneous application is disposed of as infructuous.
A.K. PATHAK, J
FEBRUARY 20, 2019 /savita
2 issues framed by the court
Whether the service book of a government employee is relevant evidence for determining income in a domestic violence case.
Whether an order summoning the service book should be allowed in the given circumstances.
Kamlesh Kumar Tiwari
The State (Govt. of NCT of Delhi)
A.K. Pathak
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
