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Smt Aarti Agarwal W/O Shri Nitesh vs Shri Nitesh Agarwal S/O shri Vinod on 3 July, 2019

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

D.B. Civil Miscellaneous Appeal No. 3791/2018

Smt Aarti Agarwal W/o Shri Nitesh Agarwal, Aged About 32
Years, D/o Mahipal Raniwala Occupation House Wife, R/o A-476,
Indira Vihar, Kota, Rajasthan—-Appellant

Versus

Shri Nitesh Agarwal S/oshri Vinod Agarwal, Aged About 35 Years,
Occupation Service R/o 34/2, Malharganj, Indore, Madhya Pradesh—-Respondent

For Appellant(s) : Shri Kamlakar Sharma, Sr. Advocate with Shri Shashank Sharma
For Respondent(s) : Shri Sudhanshu Rajawat on behalf of Shri Deepak Chauhan and Shri Amitabh Jatav

HON’BLE MR. JUSTICE MOHAMMAD RAFIQ
HON’BLE MR. JUSTICE NARENDRA SINGH DHADDHA

Judgment

03/07/2019

This appeal is directed against the order of the Family Court, Indore dated 4.1.2018 by which the respondent has been ordered to pay to the appellant a sum of Rs.20,000 per month as maintenance for herself and Rs.8,000 each for her two minor sons, thus a total sum of Rs.36,000 per month.

Shri Kamlakar Sharma, learned senior counsel for the appellant submitted that the proceedings were originally pending before the Family Court, Indore but subsequently those proceedings were transferred to the Family Court, Kota by order of the Supreme Court in Transfer Petition (Civil) No.13/2018 dated 23.1.2018, which is why the appeal against the aforesaid order has been filed, before this Court.

It is contended that the respondent has produced certificate of his Chartered Accountant instead of producing original income tax returns before the Family Court, Indore. According to such certificate, income of the respondent for the year 2014-15 has been shown as Rs.9,03,689, for the year 2015-16 as Rs.14,77,568 and for the year 2016-17 as Rs.10,29,901. Those figures according to learned senior counsel were not genuine. The appellant has procured and filed the income tax returns and other documents pertaining to the respondent in respect of year 2016- 17 wherein he has declared total revenue from operations/business to be Rs.15,11,60,225/- and the total aggregate income Rs.24,87,220. Even though those documents were filed before the Family Court, Indore by the appellant, but the said Court has not considered the same and accepted the certificate of income filed by the respondent for the purpose of quantifying the amount of maintenance pendente lite. The petition filed under Section 13 of Hindu Marriage Act seeking divorce is presently pending before the Family court No.2, Kota. Even though, learned counsel for the respondent opposed the appeal, but was not in a position to dispute the fact about filing of the aforesaid income tax returns of the respondent for the year 2016-17 by the petitioner. Learned counsel however produced the certificate issued by one Shri G.B. Agrawal Co., the Chartered Accountant of the respondent for the assessment year 2016-17 showing the net disposal income of the respondent to be Rs.10,29,901/-.

Be that as it may, the impugned order does not show whether the Court below has applied its mind to the income tax return filed by the appellant.

The impugned order dated 4.1.2018 cannot be sustained and is accordingly set aside. The appeal is accordingly allowed and the matter is remitted back to the Family Court No.2, Kota to decide the petition under Sections 24 and 26 of the Hindu Marriage Act afresh within three months from the date next fixed before it on production of certified copy of this order. Parties would be at liberty to submit any further document in rebuttal in support of their case. In the meanwhile, respondent shall continue to pay the amount of maintenance granted by the impugned order till any fresh order is passed by the Family Court No.2, Kota.

(NARENDRA SINGH DHADDHA),J (MOHAMMAD RAFIQ),J

9 thoughts on “Smt Aarti Agarwal W/O Shri Nitesh vs Shri Nitesh Agarwal S/O shri Vinod on 3 July, 2019

  1. Hello,
    After reading all thisx just want to know …y always innocent girl become victim. However, guys have been living thier life with their own money and being girl (mother of kids)….she has been fighting all alone n raising her kids with all responsibilities. Nitesh must be exploring the world of happiness.

    I would request to family court no.2 Kota….plz verify the documents of the Nitesh Singhania. When u type this name on Google n get his Facebook profile….just scroll down it!! U get to know…how he has been cherising his life with new house n cars after Arti left, now he has been showing his income so low. A person cnt love his wife n kids then he is not the right human…i wish, i could have sent him jail asap.

    1. Excessive imagination, prejudiced thinking

      Mother with kids does not mean she is totally vulnerable.

      Fighting all alone, what does he mean by that.
      1. Fighting the system
      2. Fighting with husband.

      I agree there are victims on everyside with the available facts it cannot be presumed that *Only* husband enjoying and *Only* wife is suffering

      What about husband lack of access to children, is it not suffering, the law & customs are such children invariably left with mother’s.

      1. My Wife Leaves me a Disabled Husband In Few Months | Files #498A; Demands Share In Property | I had been Ordered To Pay Maintenance

        ▪️I am 60% paralysed, yet working
        ▪️SHE is 100% physically abled, yet receiving maintenance

        She is enjoying her life with my money , and not giving access to my child for more than one year.

        A question to all the educated person, just tell me who is suffering and who is enjoying?

      2. My Wife Leaves me a Disabled Husband In Few Months | Files #498A; Demands Share In Property | I had been Ordered To Pay Maintenance

        ▪️I am 60% paralysed, yet working
        ▪️SHE is 100% physically abled, yet receiving maintenance

        She is enjoying her life with my money , and not giving access to my child for more than one year.

        A question to all the educated person, just tell me who is suffering and who is enjoying?

      3. Innocent girl – innocent enough to extort, harrases, file fake cases, misuse the system?

        She is All alone –
        Alone without kids? The is husband is having kids? Then who is alone?

        lives with parents, powerfull feminist system, with lots of extorted money.
        What is the definition of alone? Family is with her, system is with her, kids are with her she alineated him and you fool people that she is alone and he is in company of??

        Nitesh must be happy? How on earth some is happy paying alimony, maintence, weekly court visits nobody to listen to his side nor support him in what way is he happy with kids and loving wife? Or they are torturing him and extorting him?

        If she loved him she would have never left him. Ask her to go back to him instead of asking him and dont file such fake cases. Instead of such family breaking suggestions and comments.

    2. Sorry madam

      There are a process for a person to be put behind bars.

      It is not at some ones whims and fancies that any one could launguish in jail.

      Marriage is civil matter and prison is punishment for criminal offense. Don’t make it marriage or jail. There is reasonable and rational distinction b/w them.

      Don’t spew you venom, try considering the loss off children, if people cannot stay happy by adjusting and are ready to kill each other what benefit you see staying togeather.

      Give proper reason, not your subjective opinion.

    3. He is working hard to earn those and the wife has simply ran away from her responsibilities of being a dutiful wife and daughter in law.

      However she has not been a good mother, if she had been she would have known child and father relationship and knew how important a father is to the child’s life.

      She is just behind money and it only matters for her. She has just married him so that she could claim his money,

      She has never and can never be a good wife, mother, daughter in law, daughter as well.
      She seems to be not a good lady!

  2. Excessive imagination, prejudiced thinking

    Mother with kids does not mean she is totally vulnerable.

    Fighting all alone, what does he mean by that.
    1. Fighting the system
    2. Fighting with husband.

    I agree there are victims on everyside with the available facts it cannot be presumed that *Only* husband enjoying and *Only* wife is suffering

    What about husband lack of access to children, is it not suffering, the law & customs are such children invariably left with mother’s.

  3. He is working hard and earning with his own Capacity and efforts, Just because he is married no need to give everything to his wife.
    If any women think Man has to give everything, then she is married to his money.
    What she give in return?
    Feminist only demand Equality
    but they are not ready to give half money to buy House and Pay other bills.
    but they have right to have Affair but husband has to pay.
    What a joke.

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