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2023 Supreme(Raj) 10

PUSHPENDRA SINGH BHATI
Ishant Jain S/o Vijay Jain – Appellant
Versus
Roopal Jain D/o Shri Vijaraj Jain – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Devender Mahalana.
For the Respondents: Saurabh Maheshwari, Tarun Dudia, Maheshwar Singh Bhati.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The court emphasized the importance of following the guidelines established for the disclosure of assets and liabilities in maintenance proceedings, including the use of a uniform format for affidavits and the process for seeking further information through interrogatories and relevant documents (!) (!) (!) .

  2. The judgment clarified that parties are required to file affidavits of disclosure along with concise applications in all maintenance cases, with specified timeframes for responses, and limited opportunities for amendments or additional disclosures (!) (!) (!) (!) (!) .

  3. The court highlighted the necessity for the trial court to implement the mandated procedures for disclosure and information gathering, including the invocation of appropriate legal provisions such as Order XI of the CPC and Section 165 of the Evidence Act, to obtain relevant financial information (!) .

  4. The judgment reaffirmed that the process of determining maintenance involves civil reliefs, and the relevant procedural guidelines must be strictly adhered to, especially in light of the detailed procedures outlined for disclosure and interrogatories (!) (!) .

  5. The court directed all courts to communicate and display this judgment to ensure awareness and uniform implementation of the guidelines on affidavits of assets and liabilities across jurisdictions (!) .

  6. The impugned order was quashed and set aside, with the court instructing the trial court to follow the mandates of the relevant guidelines and to consider necessary interrogatories as part of the evidence collection process (!) (!) .

  7. The judgment underscores the court’s authority to modify procedural formats if necessary and to pass appropriate orders to facilitate fair determination of maintenance, ensuring that the process aligns with constitutional and legal standards (!) (!) .

  8. The decision stresses the importance of transparency and full disclosure from both parties regarding their assets, liabilities, and income, with a clear warning against false statements, which could lead to criminal penalties (!) (!) .

If you need further clarification or specific legal advice based on these points, please let me know.


ORDER :

1. This misc. petition has been preferred under Section 482 Cr.P.C. claiming the following reliefs:

    “(1) It is, therefore, humbly prayed that this criminal misc. petition u/s 482 Cr.P.C. may kindly be allowed and the order dated 29.03.2022 passed by the Additional Chief Metropolitan Magistrate No. 5, Jodhpur Metropolitan in Criminal Case No. 392/2019 (NCV No. 222/2020) Roopal Jain vs. Ishant Jain may kindly be quashed and set-aside and further the application filed u/s 91 Cr.P.C. may be allowed and the respondent may be directed to produce the necessary documents mentioned in the application before the learned court below.

(2) That explanation may be called from the learned court below for not following the direction given by the Hon’ble Apex Court in case of Rajnesh vs. Neha and Another (Supra).”

2. Learned counsel for the petitioner makes a limited submission that the precedent law laid down by the Hon’ble Apex Court in the case of Rajnesh vs. Neha and Another, Criminal Appeal No. 730 of 2020 decided on 04.11.2020 shall be applicable in the present case, and that the petitioner is bound to disclose such information, which has been sought within the purview of the Affidavits o

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