Sachin S/O. Sumatilal Sanghavi v. Archana W/O. Sachin Sanghvi And Others

1 930-wp 952-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 952 OF 2020 Sachin Sumatilal Sanghavi .. Petitioner

Versus

Archana Sachin Sanghvi and others .. Respondents Mr. Prakash S. Paranjape, Advocate for the Petitioner. Mr. Swapnil S. Rathi, Advocate for Respondent Nos. 1 to 3. CORAM : KISHORE C. SANT, J.

DATED : 12th JANUARY, 2023.

P. C. :- .

After hearing the parties, the only dispute appears to be that the petitioner is mainly aggrieved by the fact that the wife and daughters have not disclosed before the learned Trial Court the correct figures of the amount they have received by way of compensation in view of accidental death of earlier husband of respondent No. 1 and father of respondent Nos. 2 and 3. Learned advocate for the petitioner submits that it could have been considered. It was the duty of the Courts below to consider that amount before passing the orders considering the amount of interim maintenance. He submits that, on this concealment the learned Trial Court could not come to proper conclusion before determining the amount of compensation. It could have been

2 930-wp 952-2020.odt considered and proper amount could not have been arrived at while deciding the interim maintenance.

2.

It appears from the record that, both the parties have not placed on record before the learned Trial Court the statement disclosing their income and the properties as required in view of directions passed by the Hon'ble Apex Court in a case of Rajnesh Vs. Neha and others reported in 2021 (2) SCC 324.

3.

With this, the Court feels that, this petition can be disposed off. Both the parties shall file on record the statement of income as required under the law. The learned Trial Court is requested to dispose off the main proceeding as early as possible and preferably within a period of six (06) months from today as the main proceeding is pending since more than eight (08) years and the application is moved in the year 2014.

4.

With this, the writ petition is disposed off. 5.

Needless to say that, when the husband is expecting wife fairly not to conceal income it is equally expected from him to obey the order of the Court.

( KISHORE C. SANT, J. ) P.S.B.