Harsh Gopal Khandelwal vs Aarti Harsh Khandelwal
2023 Latest Caselaw 10627 Bom

2023:BHC-AS:30339
                                                                              908-wp12706-2023.doc


                    AGK
                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CIVIL APPELLATE JURISDICTION

                                       WRIT PETITION NO.12706 OF 2023


                    Harsh Gopal Khandelwal                       ... Petitioner
                               V/s.
                    Aarti Harsh Khandelwal                       ... Respondent


                    Mr. Harsh Gopal Khandelwal, petitioner present in-
                    person.
                    Mr. Vishal Thaker with Ms. Priti Oza i/by V. Thaker's
                    Advocates for the respondent.



                                                CORAM      : AMIT BORKAR, J.

                                                DATED      : OCTOBER 12, 2023
                    P.C.:

1. The order impugned directs both parties to comply with the mandate in the judgment of the Apex Court in Rajnesh v. Neha reported in (2021) 2 SCC 324.

2. According to the petitioner, the information supplied by the respondent/wife is not correct. The judgment in the case of Rajnesh v. Neha (supra) is clear on this point. If the Court at the time of adjudication of the application for maintenance comes to the conclusion that the information supplied by either party is incorrect, the Court does have power either to draw adverse inference or to proceed in accordance with the provisions of law as recorded by the Supreme Court in Rajnesh v. Neha.

908-wp12706-2023.doc

3. Therefore, at this stage, it is not necessary to consider the issue as to whether either of the party have supplied incorrect information in the assets and liabilities affidavit.

4. The writ petition, therefore, stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)