Tavalin v. Tavalin

The plaintiff, by this motion, seeks ‘ ‘ an order granting the plaintiff leave to take the deposition of the defendant before the trial of this action at a date certain as fixed by this Court ’ ’ and ‘ to examine the defendant so as to ascertain what his earning capacity and financial -status are at this time.”

The action is one in which plaintiff wife seeks a decree of separation on the ground of cruel and inhuman treatment.

In her moving papers, seeking to justify the examination into her husband’s financial condition, she alleges that “ It is claimed by the defendant that the only source of…