SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2023 Supreme(Bom) 1973

B. P. DESHPANDE
Sana Razvi – Appellant
Versus
State of Goa – Respondent


Advocates appeared:
Sahil Sardessai, Advocate, Somnath Karpe, Advocate, Ivan Santimano, Advocate

JUDGMENT/ORDER

1. Rule. rule is returnable forthwith.

2. Heard learned Counsel for the parties with the consent for final disposal.

3. The petitioner/wife challenged the order dtd. 25/07/2023 passed by the learned Trial Court whereby an application for directions to the respondent/husband to file an affidavit disclosing assets and liabilities, his source of Income, NRI Bank statement and other statements, was rejected.

4. Mr. Sardesai appearing for the petitioner submits that the impugned order is based on the observations of the Apex Court in Rajnesh v/s. Neha and Another [(2021) 2 SCC 324]. He submits that the Trial Court rejected the application only on the ground that in Rajnesh (supra), the Apex Court considered the aspect of filing such an affidavit at the interim stage whereas the matter before the trial Court is at the final stage.

5. Mr. Sardessai now submits that recently in the case of Aditi alias Mithi v/s. Jitesh Sharma Criminal Appeal No.3446/2023 decided on 06/11/2023 by the Apex Court, this aspect has been clarified in paragraph No.14. According to him, the observations in the case of Rajnesh(supra) are also applicable at the final stage and hence the trial Court has

    Click Here to Read the rest of this document
    1
    2
    3
    4
    5
    6
    7
    8
    9
    10
    11
    SupremeToday Portrait Ad
    supreme today icon
    logo-black

    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

    qr

    Scan Me!

    India’s Legal research and Law Firm App, Download now!

    For Daily Legal Updates, Join us on :

    whatsapp-icon telegram-icon
    whatsapp-icon Back to top