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
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
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