Delhi High Court
Alka vs Ashok Kumar on 14 November, 2014
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 14th November, 2014
+ MAT.APP.(F.C.) 71/2013
ALKA ..... Appellant
Through : Ms. Suman Malhotra, Adv.
versus
ASHOK KUMAR ..... Respondent
Through : Mr. Sheetesh Khanna, Adv.
CORAM:
HON'BLE MS. JUSTICE GITA MITTAL
HON'BLE MR. JUSTICE J.R. MIDHA
GITA MITTAL, J. (Oral)
1. We have heard learned counsel for the parties.
2. The appellant has challenged the order dated 15 th October,
2013 disposing of her two applications filed under Order 16 Rule
14 read with Section 151 CPC for the purposes of adjudication on
her application for maintenance under Section 24 of the Hindu
Marriage Act, 1955.
3. The first application was filed by the appellant pointing out
her husband's stand in his affidavit dated 6 th August, 2013 that he
does not have any documentary proof relating to his employment
during the last five years and is not having the salary slips. It is
further pointed out that the respondent - husband had taken a
categorical stand that though he had been issued a PAN Card but
MAT.APP.(F.C.)No.71/2013 page 1 of 4
the same has been misplaced by him. The husband had also stated
that he did not have any proof showing his income tax deductions
at sources with regard to his income. This application was decided
by the Additional Principal Judge, Family Courts, Rohini, New
Delhi by passing an order dated 15th October, 2013 holding that it
was incumbent upon the present appellant to produce some
evidence to substantiate that the respondent had such record in his
possession therefore, it was not expedient to issue any directions or
compel him to produce the record.
4. The second application was filed by the appellant seeking
summoning of the record relating to the respondent from his
employer, M/s. Legrand India as well as from the Income Tax
authorities relating to PAN Card No.AWSPK5643F.
5. It is pointed out by Ms. Suman Malhotra, learned counsel for
the appellant that in the reply dated 4th September, 2013 to the
application dated 21st August, 2013, the respondent had not denied
the factum of his employment. Furthermore, in the same reply the
respondent had not denied that the PAN Card detailed by the
appellant had been issued to him.
6. We find substance in the submission of learned counsel for
the appellant that the entire evidence with regard to income of the
respondent was in the power and possession of the respondent and
it was incumbent upon him to produce the same inasmuch as he
was a person in possession of the best evidence with regard to
these matters.
MAT.APP.(F.C.)No.71/2013 page 2 of 4
7. Given the aforenoticed admissions, certainly the directions
which the appellant was seeking in her first application were
warranted and the respondent should have been compelled to make
a fair and complete disclosure with regard to the matters relating to
his employment as well as income.
8. Given the prevarication and the refusal of the respondent to
disclose the same in his reply to the application filed under Section
24 of the Hindu Marriage Act, 1955 as well as application under
Order 16 Rule 14 read with Section 151 CPC filed by the appellant,
there was really no other option but for the court to accept the
prayer of the appellant to summon the witness.
9. In view of the above, we direct as follows:
(i) The respondent is directed to file an affidavit within four
weeks from today giving the details of the following:
(a) name of his employer during the last five years;
(b) position which was held by him and dates of employment as
well as salary/wages which he was receiving;
(c) the detail of his PAN Card;
(d) Form-16/16A as well as income tax returns and assessment
order for the last five years;
(e) Form-26A issued by the Income Tax authorities reflecting
tax deduction at sources and deposits under various heads under the
respondent's PAN Card for the last five years;
(f) details of the bank account maintained by him with
statement of account;
MAT.APP.(F.C.)No.71/2013 page 3 of 4
(ii) The order dated 15th October, 2013 is hereby set aside and
quashed.
(iii) The appellant is permitted to summon the witness from the
income tax authority for producing the records relating to PAN
Card No.AWSPK5643F as well as a witness from M/s. Legrand
India to produce the record relating to the employment of the
respondent and his income.
(iv) The appellant shall disclose the full particulars of the
employer on the process fee form which shall be filed by the
appellant.
(v) The witnesses be summoned for a date which shall be fixed
four weeks after filing of the affidavit by the respondent.
(iv) The learned Family Court shall consider the material brought
on record as per the directions which have been issued today and if
necessary, consider the matter of maintenance which has been
awarded to the appellant afresh in light thereof and pass orders
after hearing the parties.
This appeal is allowed in the above terms.
Dasti.
GITA MITTAL, J
J.R. MIDHA, J
NOVEMBER 14, 2014
mk
MAT.APP.(F.C.)No.71/2013 page 4 of 4
