Petition under Sections 482/483 CrPC challenged orders directing the respondent to file a fresh income affidavit in a maintenance case. The High Court held that the direction complied with Rajnesh v. Neha and would not affect the pending Section 340 CrPC proceeding regarding the earlier affidavit, and dismissed the petition.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
SACHIN KUMAR DAKSH AND ORS. ..... Petitioners Through: Ms. Aarushi Desai and Ms. Shivansh B. Pandya, Advs.
versus
MAMTA GOLA AND ANR. ..... Respondents Through: Mr. Satyaarth Sinha and Ms. Charu, Advs.
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 11.01.2024
CRL.M.A. 1039/2024 (exemption from filing certified copy / true typed copy of impugned order, as well as pleadings, and documents)
CRL.M.C. 260/2024 & CRL.M.A. 1038/2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/05/2024 at 12:22:46
with the other case between the parties to Dwarka Courts, Delhi, by order dated 22.07.2022, passed by the Hon’ble Apex Court. This included a petition filed by Respondent No.1 for maintenance, and was numbered as MT Case No. 391/2022.
“6. Learned counsel for the petitioner states that this is not in consonance with the directions passed by Hon’ble Supreme Court in Rajnesh v. Neha .
7. Be that as it may, and without adverting to merits of the matter, learned Trial Court may not grant any further time to the respondent No.1 wife for filing a reply to interrogatories and it be filed within the period directed by Learned Family Court.
8. Further, the petitioner will be allowed to file their objections for allowing the application for amendment of the income affidavit, together with the legal submissions in support. Learned Family Court may decide the same before proceeding ahead further.
9. No further directions are required in the said petition.”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/05/2024 at 12:22:46
recall or review her own orders, when there is no error apparent on record. This led to filing of the present petition.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/05/2024 at 12:22:46
affidavit filed by Respondent No.1 on an earlier occasion is admittedly on record, in the judicial proceedings before the learned MM. Any direction by the learned Court to file a fresh affidavit will not obliterate from its record, the affidavit filed on an earlier occasion. Undoubtedly, if a false affidavit has been filed, appropriate proceedings will be initiated by the concerned Court after recording such findings. The same cannot be overcome by filing a subsequent affidavit.
AMIT MAHAJAN, J
JANUARY 11, 2024 ‘KDK’/ ”SS”
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/05/2024 at 12:22:46
2 issues framed by the court
Whether the trial court could direct filing of a fresh income affidavit despite an earlier allegedly false affidavit.
Whether a fresh affidavit would render the pending Section 340 CrPC application infructuous.
Colour shows how this judgement treated each authority
Rajnesh v. Neha and AnotherApplied¶12
(2021) 2 SCC 324 · Who else cites this
4 provisions across 2 enactments
Sachin Kumar Daksh
Mamta Gola
Amit Mahajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
