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SCR.A/2429/2009 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CRIMINAL APPLICATION No. 2429 of 2009
With
SPECIAL
CRIMINAL APPLICATION No. 278 of 2010
With
SPECIAL
CRIMINAL APPLICATION No. 2430 of 2009
=============================================
POOJA
ABHISHEK GOYAL, NEE POOJA ASHOK GUPTA - Applicant(s)
Versus
ABHISHEK
ASHWINI GOYAL & 5 - Respondent(s)
=============================================
Appearance
:
MR TS NANAVATI for Applicant(s)
: 1,
MR BP GUPTA for Respondent(s) : 1 - 5.
MS ANUJA S NANAVATI
for Respondent(s) : 1 - 5.
- for Respondent(s) :
6,
=============================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 30/04/2010
ORAL
ORDER
On
24.2.2010, learned Single Judge (Corma: Hon’ble Mr. Justice Akil
Kureshi) passed following order in Special Criminal Application
No.278 of 2010:
This
petition is filed by the wife of the respondent no.2 for enhancement
in the interim maintenance fixed by the Family Court at Rs.5,000/-
per month. It is the case of the petitioner that the husband earns
income to the tune of Rs.20.00 lacs per year. Counsel drew my
attention to the documents produced at Annexures-C & D to the
petition. He, however, submitted that the respondent has not
disclosed his present status of employment and related details.
Rule
returnable on 18th March, 2010. Learned A.P.P., Mr.Kartik
Pandya waives service of notice of rule on behalf of the respondent
no.1-State.
To
be placed in admission board.
The
respondent no.2 shall file an affidavit disclosing his earning and
employment details including the current income. If he is employed by
any Company, details of such Company along with the documentary proof
of salary and if he claims to be self-employed, he shall state the
source of income and shall produce income tax returns of last three
years along with the affidavit.
Direct
service is permitted.
On
19.4.2010, this Court passed the following order in Special Criminal
Application No. 278 of 2010:
Mr.
Saurabh Mehta, learned advocate appearing for Ms. Anuja S. Nanavaty,
learned advocate appearing for respondent No.2 submits that to comply
with the order dated 24th February 2010, time be granted.
Shri
P.M. Thakkar, learned senior counsel for Mr. T.S. Nanavati, learned
advocate for the applicant submits that the above order was passed on
24th February 2010 and the same remains not complied with
and therefore, appropriate directions be given.
If
no reply as directed in the order dated 24th February 2010
is filed, on or before 26th April 2010, the matter will be
heard on its own merits.
Copy
of the reply, if any, be given to the learned counsel appearing for
the respondent No.2 on 23rd April 2010.
To
be heard with Special Criminal Application Nos.2429/2009 and
2430/2009.
And
on 26.4.2010, this Court in Special Criminal Application No.2429/2009
with Special Criminal Application No.278/2010 and Special Criminal
Application No.2430/2009 passed following order:
When
the matters are called out for hearing, Mr.S.I.Nanavati, learned
Senior Advocate appearing with Mr.Saurabh Mehta for
respondent-husband, submitted that he has already retired from the
proceedings as per the instructions received from his client.
Learned
advocate Mr.B.P.Gupta states that he would file vakalatnama during
the course of day and also places on record affidavit in reply filed
by respondent No.2
Mr.P.M.Thakkar,
learned Senior Advocate, appearing with Mr.T.S.Nanavati for the
petitioner submits that by orders dated 24.02.2010 and 19.04.2010 the
respondent No.2 was directed to produce source of income and Income
Tax Returns of last three years along with affidavit, however, the
respondent No.2 has not produced such details, and therefore, orders
dated 24.02.2010 and 19.04.2010 remained not complied with.
In
view of the above, time is granted till 30.04.2010 to respondent
No.2 to comply with the above orders, failing which appropriate
orders will be passed on that day.
S.O.
To 30.04.2010.
On
perusal of the affidavit filed by respondent No.2 dated 30th
April, 2010, according to this Court, the orders above passed by,
have remained non-complied with as Income Tax Returns are not
produced on record. Therefore, issue bailable warrant for sum of
Rs.5,000/- today and further hearing of all the above cases will take
place on 4.5.2010.
Direct
service is permitted.
[ANANT
S. DAVE, J.]
//smita//
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