Gujarat High Court
Dixit Mayurkumar Jain vs Jinal Dixit Jain on 12 February, 2025
Author: A.S. Supehia
Bench: A.S. Supehia, Gita Gopi
NEUTRAL CITATION
C/MCA/410/2025 ORDER DATED: 12/02/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/MISC. CIVIL APPLICATION (FOR CONTEMPT) NO. 410 of 2025
IN
CRIMINAL APPEAL NO.1552 OF 2019
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DIXIT MAYURKUMAR JAIN
Versus
JINAL DIXIT JAIN
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Appearance:
PARTY IN PERSON(5000) for the Applicant(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE A.S. SUPEHIA
and
HONOURABLE MS. JUSTICE GITA GOPI
Date : 12/02/2025
ORAL ORDER
(PER : HONOURABLE MR. JUSTICE A.S. SUPEHIA)
1. The present application has been filed by party-in-person (Mr.Dixit Mayurkumar Jain), who is the husband of the respondent, under the provisions of the Contempt of Courts Act, 1971 with the following prayer : -
"i) Pass an order and hold that the Respondent are guilty of willfully disobeying the order dated 04.11.2020 passed in case of Rajnesh Vs. Neha and initiate contempt proceedings against the Respondent and punish them in accordance with law;"
2. Mr.Dixit Mayurkumar Jain, is present before this Court in- person. At the outset, he has submitted that the respondent has violated the directions issued by the Supreme Court in the case of Rajnesh Vs. Neha, (2021) 2 SCC 324, since she has not disclosed her assets and liabilities as per the format prescribed in such judgment. He has further submitted that though the respondent has filed such statements i.e. the affidavit of Page 1 of 3 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 22:21:57 IST 2025 NEUTRAL CITATION C/MCA/410/2025 ORDER DATED: 12/02/2025 undefined disclosure of assets and liabilities on 20.10.2021 i.e. after 353 days, after passing the judgment of the Supreme Court in the case of Rajnesh (supra) and again second affidavit of disclosure was filed on 18.09.2022 i.e. after 271 days from filing the first affidavit and thereafter, third affidavit of assets and liabilities has also been filed by her on 12.06.2024 i.e. after 970 days from the filing of the first affidavit. The same would amount to contemptuous action by her. It is further submitted by him that the Family Court, Surat has also conducted the proceedings in a biased manner.
3. We have heard the applicant-in-person. We have also examined the documents on record. We do not find that the respondent has committed any willful and deliberate disobedience of the directions issued by the Supreme Court in the case of Rajnesh (supra).
4. As mentioned hereinabove, the respondent had filed affidavits of disclosure of assets and liabilities and the same have been accepted by the Family Court. The applicant has also filed an application in the Family Court at Exh.51 in Criminal Misc. Application No.1552 of 2019 for violation of the direction of Rajnesh (supra) and the Principal Judge, Family Court, Surat has already passed an order dated 18.02.2024 by framing the issues with regard to the violation of the judgment of the Supreme Court in the case of Rajnesh (supra).
5. The issues, as framed by the Family Court, read as under : -
Page 2 of 3 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 22:21:57 IST 2025NEUTRAL CITATION C/MCA/410/2025 ORDER DATED: 12/02/2025 undefined "Issues : -
1. Does the opponent prove that, The petitioner has stated false facts in the affidavit of Rajnesh against Neha as per the direction of the Hon'ble Supreme Court in No.15 and No.18 and has committed an offence of contempt of court under Section 340 of the Criminal Procedure Code by making misrepresentation to obtain maintenance ?
2. Whether the petitioner has stated false facts in his affidavit of Rajnesh Vs. Neha, they are liable to be prosecuted under Section 191, 193 of the Indian Penal Code read with Section 199 and under Section 209 of the IPC."
6. Hence, in view of the aforesaid facts, the present application deserves to be rejected. The same is rejected accordingly.
Sd/-
(A. S. SUPEHIA, J) Sd/-
(GITA GOPI,J) MAHESH/20 Page 3 of 3 Uploaded by MAHESH OMPRAKASH BHATI(HC01086) on Thu Feb 13 2025 Downloaded on : Thu Feb 13 22:21:57 IST 2025