Order

12/01/2023 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 V/s 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 V/s Neha & Anr.

(Supra).”

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 & Anr.; 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 of Assets and Liabilities for Non-Agrarian and Deponents.

Learned counsel for the petitioner has relied upon the said judgment, relevant portion of which reads as follows:- 67. Given the vastly divergent demographic profile of our country, which comprises of metropolitan cities, urban areas, rural areas, tribal areas, etc., it was considered appropriate to elicit responses from the various State Legal Services Authorities (“SLSAs”). This Court vide its Order dated 17.12.2019 requested the National Legal Services Authority (“NALSA”) to submit a report of the suggestions received from the SLSAs for framing guidelines on the Affidavit of Disclosure of the Assets and Liabilities to be filed by the parties.

68. The NALSA submitted a comprehensive report dated 17.02.2020 containing suggestions from all the State Legal Service Authorities throughout the country. We find the various suggestions made by the SLSAs to be of great assistance in finalizing the Affidavit of Disclosure which can be used by the Family Courts for determining the quantum of maintenance to be paid.

69. Keeping in mind the varied landscape of the country, and the recommendations made by the SLSAs, it was submitted that a simplified Affidavit of Disclosure may be framed to expedite the process of determining the quantum of maintenance.

72. Keeping in mind the need for a uniform format of Affidavit of Disclosure of Assets and Liabilities to be filed in maintenance proceedings, this Court considers it necessary to frame guidelines in exercise of our powers under Article 136 read with Article 142 of the Constitution of India :

72.1 (a) The Affidavit of Disclosure of Assets and Liabilities annexed at Enclosures I, II and III of this judgment, as may be applicable, shall be filed by the parties in all maintenance proceedings, including pending proceedings before the concerned Family Court / District Court / Magistrate’s Court, as the case may be, throughout the country;

72.2 (b) The applicant making the claim for maintenance will be required to file a concise application accompanied with the Affidavit of Disclosure of Assets;

72.3 (c) The respondent must submit the reply alongwith the Affidavit of Disclosure within a maximum period of four weeks. The Courts may not grant more than two opportunities for submission of the Affidavit of Disclosure of Assets and Liabilities to the respondent. If the respondent delays in filing the reply with the Affidavit, and seeks more than two adjournments for this purpose, the Court may consider exercising the power to strike off the defence of the respondent, if the conduct is found to be wilful and contumacious in delaying the proceedings.32 On the failure to file the Affidavit within the prescribed time, the Family Court may proceed to decide the application for maintenance on