Legal Question in Family Law in India

Dear Forum Members.

My wife had her previous divorce .notarised and executed on nj stamp paper Rs 100 . I filed a case u/s 11 for null & void & 13.A as an alternative remedy on grounds of cruelty that she actually committed. She is a surgeon and indulged in business like marketing of herbal products , insurance agency, as healer & tarot card reader , share trading etc besides her cruel behavior.. She denied all these charges of cruelty but accepted her previous marriage and her divorce deed notarised taking plea on customary divorce of which she produced no documents. My chief exam is over and I submitted proof of her conducting many types of business of which she had grossly denied. In her reply & during my cross examinations, she took the plea that it was on my instigation & provocation that she got her divorce notarised as I had prompted her & promised her to marry even if she gets divorce through notary and also that I was in a great hurry and had to go abroad to the UK & her passport was to be applied and that I could not wait for her divorce proceedings through competent court.( However, this is not true). Her story is not true. I went to the UK 1.5 yrs after my marriage . She showed unmarried in her marriage certificate with me.

They have now stopped my cross examination in the middle as it was going against her and demanded following documents in order to continue my cross examination. She is demanding... 1. Our joint UK bank a/c statement for 2005-06 as she alleged that she was made to work for.a few days below her dignity as an exam invigilator. However it is not true. She worked of her own accord & her main purpose was to take MRCS exam.

2. My passport & visa.

3. Her passport &; visa as she alleged that to be in my possession.

4. Our wedding photo album.( may be to show she was given ornaments which acc to her are with me )

5. My salary a/c india 2004-06.

Now I do not want and cannot produce these documents as they are also not relevant to the issues framed by court in light of HMA Sec 5 & 11. But she is insisting in court to get these from me... Her lawyer on behalf of her gave private notice to my lawyer demanding these documents or else cross examination would not continue. On 23 rd Aug -the date of hearing, her lawyer refused to continue with my cross examinations saying that he needed those documents in my possession and gave an application before the magistrate who asked us to submit reply.

What reply should I submit to her application? Can I be compelled to submit my passport & other documents mentioned? What does the sec 10 of Passport act suggest? What do the sec 131, 164, 165 etc of evidence act suggest? Under what provisions are they asking for my documents?

I need your expert advice. Pl help.

3 Answers from Attorneys

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