Disposed

Smt. Seema Sahu @ Keerti v. Deepak Kumar Sahu

Chhattisgarh HC18 Jun 2024FA(MAT)/69/2019

Case brief

AI extract

What is this about?

In an appeal against a divorce decree on grounds of desertion, this Court adjourned the petitioner's challenge to the decree as she did not contest it. However, due to the respondent's inadequate disclosure of assets and income, the Court enhanced the maintenance for their minor daughter to Rs. 15,000 per month.

What did the court decide?

Ordered respondent to pay Rs. 15,000 per month as additional maintenance for the minor daughter; divorce decree left as is.

Smt. Seema Sahu @ Keerti Vs Deepak Kumar… — Child Custody and Guardianship | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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FA(MAT) No. 69 of 2019

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1 - Smt. Seema Sahu @ Keerti D/o Shri Lallaji Sahu, R/o Chandmari Dipripara, Azaad Nagar, Ganjapara, Ward No. 37, Durg, District Durg, Chhattisgarh. Current Address C/o Principal Government College, Dhamtari, District Dhamtari, Chhattisgarh. --- Appellant

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Versus

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1 - Deepak Kumar Sahu S/o Shri Roshanlal Sahu, R/o School Square, Chowk Danitola, Dhamtari, District Dhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh --- Respondent

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For the Appellant	: Mr. Palash Agrawal, Advocate
For the respondent	: Mr. H.A.P.S. Bhatia, Advocate

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Hon'ble Shri Justice Goutam Bhaduri

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Hon’ble Mrs. Jutice Rajani Dubey

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Judgment on Board

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(19h June, 2024)

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1. This appeal is filed against the judgment dated 09.09.2019 passed by the learned Family Court, Dhamtari (C.G) in Civil Suit No.7-A/2018 whereby the learned Family Court has granted the decree of divorce to the husband u/s 13(1)(1b) of the Hindu Marriage Act, 1955 on the ground of desertion. The wife has preferred this appeal.

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1. The order sheet of this Court dated 09.05.2023 records the fact that the wife has stated in her statement that she does not contest the decree of divorce except the grant of alimony. Therefore, in order to assess the income of the parties, they were directed to file an affidavit in view of the norms laid down by the Supreme Court regarding disclosure of assets

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and income of the parties in case of Rajnesh Versus Neha and

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Page 2 of 3

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another reported in (2021) 2 SCC 324 . Subsequently, the wife has filed the affidavit. The husband has not filed any affidavit. As per the appellant wife, she was working as an Assistant Professor on contractual basis and was earning Rs.21,500/- and she has to take care of her minor daughter Ku. Chaitanya, aged about 15 years, who was born out of the wedlock. It is further submitted that the expenses being incurred on account of dependent is Rs.10,000 to Rs.15,000/- per month. She ha further stated that Rs.2000/- per month has been awarded as maintenance towards daughter Chaitanya in Domestic Violence Ancillary Proceeding which was later enhanced to Rs.3000/- on 08.02.2019 by the JMFC. The wife has further stated that the maintenance amount of her daughter for the last 8 months amounting to Rs.24000/- still remains unpaid. She has further stated in her affidavit that the expenses being incurred towards the daughter is Rs.10,000 to 15,000/- per month.

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1. The husband on the contrary has not filed any documents to asses the income and his affidavit states that he has not gainfully employed anywhere and he has no permanent source of income. The affidavit further states that his father Roshanlal Sahu owns certain property, and a will has been executed by his father to the effect that the property owned by him is the self acquired property and his children and the present appellant have no right over the said property. Except this fact, nothing has been stated.

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1. Prima facie, looking to the cryptic affidavit which does not fulfill the requirement of criteria laid down by the Supreme Court in Rajnesh Versus Neha (2021) 2 SCC 324 in respect of disclosure of assets and income, we feel that all efforts have been made by the respondent husband to deviate the norms of disclosure of assets in the affidavit. The document which has been filed to dislodge the claim over the

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property also shows the modus operandi and this Court is not satisfied with the said disclosure. It points out that efforts have been made to suppress the details of income/assets. No document is placed on record to show as to whether he is suffering from any ailment or facing any other problem and how he is surviving.

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1. Considering the fact that the appellant is responsible to look after the daughter and for her upbringing and providing education, we deem it appropriate to direct him to pay an amount of Rs.15,000/- in addition to the amount which has already been granted by the JMFC. Accordingly, the respondent shall pay Rs.15,000/- per month toward maintenance of his daughter in addition to the amount already granted.

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1. In respect of decree of divorce, the wife has stated that she did not want to contest the same. Consequently, the decree of divorce shall remain as it is.

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1. This appeal is disposed of with the above direction. Accordingly, a decree be drawn.

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Sd/Sd/(Goutam Bhaduri) (Rajani Dubey) Judge Judge

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R a o

Smt. Seema Sahu @ Keerti v. Deepak Kumar Sahu

Case brief

What is this about?

What did the court decide?

Smt. Seema Sahu @ Keerti v. Deepak Kumar Sahu

Case brief

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