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In this case of Ashi Kumar Vs. Aseem Agarwal, a appeal was filed by the appellant herein, Ashi Kumar challenging the decision of the High Court of Delhi. In this case the respondent presented some of the papers in front of the family court in Auckland in New Zealand. The appellant further moved to the Family court, which after hearing the case ordered the respondent, aseem Agarwal to present the papers in front of the court. The respondent needed some time to present the papers which was not granted by the family court, so the respondent filed an appeal in the high court of Delhi, challenging the decision of the family court.
The High Court by the impugned order not only entertained the writ petition but stayed the trial before the Family Court, which is pending since 2011. So, the respondent got sufficient time to present the papers in front of the court as a stay was put on the trial going on in the family court. This stay order of the high court of delhi was challenged in the supreme court by the appellant. The Supreme Court of India after hearing the case held that, set aside the impugned order as also dismiss the writ petition filed by the respondent before the High Court being C.M.(M) No.1019/2019, but give liberty to the respondent to approach the Family Court by way of appropriate application including to absolve the respondent from the undertaking given on his behalf or in the alternative to produce the documents referred to in the order of the Family Court dated 01.12.2018, as may be advised. If such application is filed, the same be considered by the Family Court on its own merits in accordance with law. If the respondent needs some more reasonable time to produce the document in question even that application can be made before the Family Court which be considered appropriately. Further court made it clear that it will be open to the Family Court to proceed with the proceedings pending before it on the basis of record/evidence to be produced by the parties. Needless to observe that production of the stated documents by the respondent will not come in his way to contend that the same are not relevant for deciding the matter pending before the Family Court. That contention can be considered on its own merits by the Family Court in accordance with law. The appeal and pending applications were accordingly disposed of by the supreme court.
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