Case Stage :
Pleadings Completed (Petition, WS , Income Affidavits, Rejoinder Filing is Strucked Off), Issues Framed, Ad-Interim is Continuoulsy bieng Paid by Respondent for child.
Fixed for Decision of Pending Applications : 91 CrPC , 340 CrPC applications Filed by Respondent Husband , Interim Maintenance application of Complainant.
Brief :
- 125 CrPC petition by wife Filed in October 2021 along with Rajnish-Neha Format Income Affidavit with Zero documents. Wife also Tempered the fixed format for her convenince for misleading, concealing and non disclosure of her financial immovable assets , bank accounts & other financials etc.
- Countered by Respondent husband as filed 91 CrPC and 340 CrPC in May 2022 along with clear and conclusive evidences for her concealments of bank accounts, immovable property doc , her business details, her past employment salary slip and records.
- Two family court counselings Mediations failed and 1 judge chamber mediation failed due to non agreement of alimony amount.
- After two final opportunities given by court to complainant wife (1st in november 2022 and 2nd in April 2024), neither wife is filing reply on Respondent's filed 91 CrPC and 340 CrPC, nor filing her needful documents as per compliance of Rajnish - Neha like financial documents i.e., Bank accounts statements, financial investments , ITR, IM Property details etc...
- After huge efforts by respondent husband and blessings of GOD, Family Court judge mentioned in last date order that if complainant wife dont file reply on respondent's 91 CrPC , 340 CrPC on or before next date of hearing then adverse inference would be drawn against complainant.
Queries :
- what adverse inference will be taken by family judge against wife and upto what extent ?
- what is the law point to ensure that either judge direct complainant wife or bank authorities to bring the Right Tenure bank statements i.e., from her income affidavit filing date to past 3 years (November 2018 to October 2021) ? OR from 91 CrPC application date to 3 years in past i.e., (June 2019 to May 2022) and not of tenure from today's date to past 3 years.
- Apprehension of Respondent: Wife is perjurer here and acting smart as spent 3 years with non filing of needful documents by circulating, did withdrwal her money to unknown destinations and now the bank accounts are closed or having meagre amounts.. Target of husband is to get courts order of wife's bank account statements of tenure as mentioned in query 2 above.
- Can court decide Interim Maintenance without calling her bank statements etc. ? If yes then whats the remedy available to husband to ensure the bringing of needful documents on record with help of high court and under what provisions to challange in High court ?
- Annexed Allahabad high court and bombay high courts citations where it is mentioned that before deciding Interim Maintenance court must decide 340 CrPC application ? Will non delhi High courts citation be bindings to delhi Family court ? If not then whats the remedy available to husband & under what provisions ?
Please guide....
dharmo rakshati raksh*tah
