Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
B.M. Shyam Prasad, J.
Jignesh Barfiwala - Appellant
Versus
Deeptee K Barfiwala - Respondent
Writ Petition No. 20178 of 2015
Decided On : 21-10-2020
Criminal Miscellaneous - Maintenance - Criminal Procedure Code, 1973 - Section 125 - Section 91 - Section 91 of Cr.P.C - Family Court allowed the respondent's application under Section 91 of Cr.P.C directing the petitioner to produce documents - Court quashed the impugned orders and restored the application for reconsideration in light of subsequent events
Fact of the Case:
The husband filed a writ petition challenging the Family Court's orders directing him to produce documents and pay interim maintenance to the respondent. The Court allowed the writ petition in part, quashing the impugned orders and restoring the application for reconsideration in light of subsequent events.
Finding of the Court:
The Court found that the Family Court had perfunctorily allowed the respondent's application without considering the nature of the documents sought. The order of attachment of salary was deemed arbitrary, and the Court held that the respondent was not entitled to arrears of maintenance in light of subsequent events.
Issues: The issues revolved around the Family Court's orders directing the production of documents and the payment of interim maintenance, as well as the subsequent events impacting the parties' financial circumstances.
Ratio Decidendi: The Court emphasized that the discretion under Section 91 of Cr.P.C to issue directions for production of documents should be exercised based on the necessity or desirability for the purposes of investigation or trial, and not for a roving enquiry. The Court also considered the subsequent events in determining the entitlement to arrears of maintenance.
Final Decision: The writ petition was allowed in part, quashing the impugned orders and restoring the application for reconsideration in light of subsequent events. The Family Court was directed to decide the application in the light of the subsequent events placed on record by the parties.
JUDGMENT
B. M. Shyam Prasad, J. - This petition is filed by the husband - respondent in Criminal Miscellaneous No.551 of 2012 on the file of the Principal Family Court Judge, Bengaluru (for short, the Family Court ), a proceeding initiated by the respondent wife under section 125 of Criminal Procedure Code, 1973 (for short, Cr.P.C). The Family Court on 19.06.2014, partly allowed the petitioner s application under Section 91 of Cr.P.C directing the respondent to produce her appointment letter after she returned to India in the month of December 2012. However, the petitioner s application under section 91 of Cr.P.C was for a direction to the respondent to produce (i) her Income-Tax Returns filed while residing in the United States of America until her return to India i.e., for the period between 2003 and 2013, (ii) the Appointment Letters issued to her by her employers such as M/s Oracle Financial Services Software, M/s IGate Patni, M/s Syntel Inc., and M/s Polaris Software Labs and (iii) her appointment letter as of December 2012. It is undisputed that respondent in compliance with the Family Court s order dated 19.6.2014 has produced her Income Tax Papers for the year 2012-2013.
2. The Family Court has also allowed the respondent s application (IA No. 8) under Section 91 of Cr.P.C by its order dated 08.08.2014 directing the petitioner to produce the documents as mentioned in the application. The respondent in this application has sought for a direction to the petitioner to produce (i) his current employment agreement/s and Salary Certificate/s, (ii) Tax Receipts for the years from 2005-2014, (iii) Credit Card Balances and (iv) his other financial credentials like investments held by the petitioner with his family members. The petitioner in compliance with this order dated 08.08.2014 has filed his Income Tax Returns for the year 2012-2013, his Transfer Letter from the United States of America to India and Salary details as of the date of such order.
3. Subsequently, the Family Court by the Order dated 09.04.2015 has directed the petitioner to pay interim maintenance at the rate of Rs.30,000/- per month from March 2013 onwards allowing a period of two months to pay the arrears. On 30.4.2015, the Family Court has issued orders attaching the Petitioner s salary on the ground that the maintenance arrears are not paid.
4. The petitioner has filed the present writ petition impugning the following orders:
the Family Court s order dated 08.08.2014 allowing the respondent s application viz., IA No.8 directing the petitioner to produce all documents as mentioned in the respondent s application - Annexure L;
the Family Court s Order dated 09.04.2015 directing the petitioner to pay to the respondent interim maintenance at the rate of Rs.30,000/- per month from March 2013 within a period of two months from the date of the order - Annexure H; and
the Family Court s order dated 30.04.2015 ordering the attachment of the petitioner s salary - Annexure N.
5. This Court on 12.5.2015 granted ad interim order of stay of the impugned orders directing the petitioner to pay maintenance to the respondent at the rate of Rs.15,000/- per month, and on 07.07.2015, this Court directed the petitioner to pay, in addition to the amount of Rs.15,000/- per month, 25% of the arrears with the petitioner being entitled to set off for any amount paid in lumpsum. Further, this Court on 26.9.2015, clarified that the proceedings before the Family Court in Criminal Miscellaneous No. 551 of 2012 can proceed on merits. However, the proceeding, which was dismissed for default 20.7.2017, is recently i.e. on 03.09.2020 restored for consideration on merits.
6. It is undisputed that during the pendency of the present proceedings an attempt is made to bring about a settlement amongst the parties, and in this regard the parties were directed to explore the possibilities of selling Flat No. C1- 1131, Windmills of your mind, No. 331 Road 5B, EPIP Zone, Whitefield Bengaluru (for sho
AI
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
