IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI nd ON THE 2 OF JULY, 2024 MISC. CRIMINAL CASE No. 26040 of 2024 (TARANDEEP Vs GURNEET)

Appearance:

COUNSEL FOR THE PETITIONER - SHRI DEEPTANSHU SHUKLA

ORDER

This petition under section 482 Cr.P.C. has been preferred assailing the order dated 20.06.2024 passed by Principal Judge, Family Court, Dhar in case No. MJCR/99/2024 whereby the application filed by the applicant under section 91/104 of Cr.P.C. r/w sec. 106 of Indian Evidence Act has been dismissed with a further direction that this application can be filed at a later stage, if so required.

2. Counsel for the applicant submits that as per judgment of Apex Court in the case of Rajnesh Vs. Neha and another, (2021) 2 SCC 324 it is mandatory for the deponent to file an affidavit of income, assets and liability with all related documents but only affidavit has been filed by the respondent- wife before the court below. Respondent has not filed any document in support of the affidavit regarding her income. He further submits that learned court below has failed to appreciate the contention raised in this regard and dismissed the application. He fu