Disposed¶20

Brahmananda Kar v. Sibani Nanda

Orissa HC9 May 2024WP(C)/4822/2024

Case brief

AI extract

What is this about?

Veracity of affidavit; acceptance of affidavit not acceptance of contents; contradictory income affidavits filed at different times; assets and liabilities affidavit; Family Court Angul; CP No.227 of 2019; IA No.09 of 2021; Section 340 Cr.P.C. false affidavit application pending; stage for testing veracity of affidavit; expeditious disposal of 2019 civil proceeding; no unnecessary adjournments; W.P.(C) No.4822 of 2024; Justice K.R. Mohapatra; High Court of Orissa.

What did the court decide?

No interference with the impugned order (Annexure-15); writ petition disposed of with liberty to the Petitioner to raise objection regarding the veracity of the Opposite Party's income affidavits at the time of argument of the civil proceeding; Family Court directed to endeavour early disposal of the 2019 civil proceeding and not to grant unnecessary/long adjournments.

Brahmananda Kar Vs Sibani Nanda — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned order (Annexure-15) accepting the assets and liabilities filed by the Opposite Party-wife should be interfered with, given that she is alleged to have filed different affidavits contradicting each other at different points of time with regard to her income. +1 more

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Court's answer

The writ petition is disposed of without interfering with the impugned order under Annexure-15, with liberty to the Petitioner to raise objection with regard to the veracity of the affidavits filed by the Opposite Party on her income, based on the materials available on record, at the time of argument of the civil proceeding.

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Ratio / Principle

The veracity of the affidavits stated to have been filed by the Opposite Party at different points of time shall be considered at the time of argument of the civil proceeding and cannot be considered at any stage prior to that; acceptance of an affidavit by the Court does not amount to acceptance of its contents.

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Key takeaways

Since the civil proceeding is of the year 2019, the learned Judge, Family Court should make an endeavour to see that it is disposed of at an early date, if there is no legal impediment.ratio¶21
The learned trial Court shall not grant any unnecessary/long adjournment to any of the parties to the civil proceeding.ratio¶22

Detailed headnote1 paragraphs

Writ petition against order dated 25.01.2024 (Annexure-15) of the learned Judge, Family Court, Angul in IA No.09 of 2021 arising out of CP No.227 of 2019, whereby the assets and liabilities filed by the Opposite Party-wife were accepted. Held: acceptance of an affidavit by the Court does not amount to acceptance of its contents; the veracity of affidavits filed at different points of time can be considered only at the time of argument of the civil proceeding, not at any earlier stage. Writ petition disposed of without interfering with the impugned order, with liberty to the Petitioner to raise objection on the veracity of the income affidavits at the stage of argument; Family Court directed to endeavour early disposal of the 2019 proceeding and not to grant unnecessary adjournments. Pending application under Section 340 Cr.P.C. alleging false affidavit noted.

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 13-May-2024 10:10:03

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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W.P.(C). NO.4822 OF 2024 Brahmananda Kar

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…. Petitioner

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Mr. Ajaya Nayak, Advocate on behalf of Mr. Niranjan Lenka, Advocate

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-versus-

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Sibani Nanda …. Opp. Party

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CORAM:

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Order No.

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JUSTICE K.R. MOHAPATRA ORDER 09.05.2024

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This matter is taken up through hybrid mode.

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Order dated 25^th January, 2024 (Annexure-15) passed by learned Judge, Family Court, Angul in IA No.09 of 2021 (arising out of CP No.227 of 2019) is under challenge in this writ petition whereby assets and liabilities filed by the Opposite Party-wife has been accepted.

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Mr. Nayak, learned counsel appearing for the Petitioner submits that separate affidavits with regard to the income of the Opposite party-wife are being filed on different point of time. Although objections were raised to the same, learned Judge, Family Court, Angul accepted the same without considering the objection raised by the Petitioner. An application under Section 340 Cr.P.C. has also been filed to initiate appropriate proceeding for filing false affidavit with regard to the income of the Opposite Party before the Court. The said application is still pending for consideration. Since the Opposite Party-wife is filing different affidavits contradicting each other at different point of time with regard to her income, the same should not have been accepted. Hence, this writ petition has been filed assailing the order under Annexure-15.

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Page 1 of 2

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Signature Not Verified

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Digitally Signed Signed by: ROJALIN NAYAK Designation: JUNIOR STENOGRAPHER Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 13-May-2024 10:10:03

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Taking note of the submission made by learned counsel for the Petitioner, this Court is of the considered opinion that the veracity of the affidavits stated to have been filed by the Opposite Party at different point of time, shall be considered at the time of argument of the civil proceeding. The veracity of the affidavit cannot be considered at any stage prior to that. Acceptance of an affidavit by the Court does not amount to acceptance of its contents. Thus, the submission made by learned counsel for the Petitioner is not accepted.

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Accordingly, this Court without interfering with the impugned order under Annexure-15 disposes of the writ petition with an observation that the Petitioner is at liberty to raise objection with regard to the veracity of the affidavits filed by the Opposite Party on her income basing upon the materials available on record at the time of argument of the civil proceeding.

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Since the civil proceeding is of the year 2019, learned Judge, Family Court should make an endeavour to see that it is disposed of at an early date, if there is no legal impediment.

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Learned trial Court shall not grant any unnecessary/long adjournment to any of the parties to the civil proceeding.

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Urgent certified copy of this order be granted on proper application.

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Rojalin

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(K.R. Mohapatra) Judge

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Page 2 of 2

Brahmananda Kar v. Sibani Nanda

Case brief

What is this about?

What did the court decide?

Brahmananda Kar v. Sibani Nanda

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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