Delhi High Court
Smt Swati vs Ravish Kashyap on 22 August, 2016
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: August 22, 2016
+ MAT.APP.(F.C.) 24/2014
SMT SWATI ..... Appellant
Represented by: Mr.A.K.Chowdhary and
Mr.Anil Kr.Chowdhary,
Advocates.
versus
RAVISH KASHYAP ..... Respondent
Represented by: Mr.A.N.Aggarwal, Advocate
with respondent in person.
Mr.Asheesh Jain, Advocate for
Income Tax Department.
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE PRATIBHA RANI
PRADEEP NANDRAJOG, J.
1. A fair amount of cacophony has been created by the appellant in an
appeal spanning 46 pages. The result is all and sundry directions issued from
time to time in the appeal.
2. Vide impugned order dated October 28, 2013 the learned Judge,
Family Court has decided the application filed by the appellant under
Section 24 of the Hindu Marriage Act, 1955 by granting her maintenance in
sum of `3000/- (Rupees Three Thousand only) per month. The order notes
that the appellant is maintaining an infant daughter born to the parties during
the subsistence of the wedlock.
3. Salary of the respondent has been accepted to be `9000/- (Rupees
Nine Thousand only) per month.
4. Case pleaded by the appellant in her application under Section 24 of
the Hindu Marriage Act, 1955 was that the respondent was working as a
Regional Manager with M/s Horizons Lamkraft Pvt.Ltd., D-4, DSIDC
Complex, Kirti Nagar, New Delhi-110015, at a monthly salary of
`1,00,000/- (Rupees One Lakh only). She claimed maintenance in sum of
`50,000/- (Rupees Fifty Thousand only) per month for self and her minor
daughter.
5. The respondent denied the assertion and claimed to be an employee of
M/s Rajkamal Plywood India Pvt.Ltd., 87/8/1, Gali No.9, Nangloi Mundka,
New Delhi as a Sales Executive earning `9000/- (Rupees Nine Thousand
only) per month.
6. In support of his plea, the respondent produced the salary slips issued
by his employer.
7. Both parties filed affidavits disclosing their assets. The appellant
disclosed 'Nil' assets and 'Nil' income. The respondent disclosed only one
asset : a motorcycle bearing registration No.DL4SA-8323. He disclosed his
salary to be `9000/- (Rupees Nine Thousand only) per month. He enclosed
the salary certificate from the employer. He disclosed his PAN card
No.ARCPK5689C.
8. The appellant could not establish her assertion that the respondent was
employed with M/s Horizons Lamkraft Pvt.Ltd.; much less earning
`1,00,000/- (Rupees One Lakh only) per month.
9. Under the circumstances the learned Judge, Family Court treated
respondent's income at `9000/- (Rupees Nine Thousand only) per month
and awarded maintenance to the appellant in sum of `3000/- (Rupees Three
Thousand only) per month for herself and for her minor daughter.
10. Order dated January 29, 2016 passed by the erstwhile Division Bench
which was seized of the matter records that photocopy of the PAN card
filed by the respondent shows his age to be 15/02/1982. The numeral '8' is
a clear overwriting. This resulted in following directions being issued:-
(i) A direction is issued to the Income Tax Authorities,
ITO, New Delhi to verify the correctness of this PAN Card
placed at page 73 of the paper book and to place a report in
this regard.
(ii) The authorities shall also furnish a report to this
court of the last four income tax returns filed by Mr.Ravish
Kashyap, respondent herein.
(iii) A direction is also issued to M/s Rajkamal Plywood
Indi Pvt.Ltd. Plot No.87/8/1, Gali No.9, Nangloi Mundka,
New Delhi-110041 and M/s Horizons Lamkart Pvt.Ltd., D-4,
DSIDC Complex, Kirti Nagar, New Delhi-110015 to cause
to be produced before this court the applications for
employment of the respondent as well as a statement of his
salary including all emoluments thereon as well as
deductions effected thereon for the last six years since 2010.
11. Thereafter the parties were referred to mediation. The mediation has
failed.
12. There is no response from M/s Rajkamal Plywood India Pvt.Ltd. as
also from M/s Horizons Lamkraft Pvt.Ltd. As regards the income tax
authorities, Sh.Ashish Jain, Advocate appeared and informed that PAN card
bearing No.ARCPK5689C has been issued in the name of the respondent
with date of birth February 15, 1972. The respondent explained that when
he received the PAN card he found that his date of birth was wrongly
recorded and thus he made a correction by hand. Born in the year 1982 he
corrected the year 1972 to make it 1982.
13. This is an innocent mistake for the reason the software of the income
tax authorities links returns through PAN card number. Mr.Ashish Jain,
Advocate informs that pertaining to PAN card no return has been filed.
Indeed, the income of the respondent is below taxable limit.
14. Intrinsic in this information is the proof that the respondent cannot be
an employee of M/s Horizons Lamkraft Pvt.Ltd. and earning `1,00,000/-
(Rupees One Lakh only) per month, for if this was so the employer would
have deducted tax at source and deposited the same with the income tax
authorities. The software would have linked it to the PAN card of the
respondent.
15. The educational qualifications of the respondent are Class-X pass and
it is difficult to believe that a person with such educational qualifications
would be employed at a salary of `1,00,000/- (Rupees One Lakh only) per
month.
16. Be that as it may, the respondent has given proof of his employment
as a Sales Executive with M/s Rajkamal Plywood India Pvt.Ltd. Salary
certificate from the employer has been filed. The appellant has not been
able to show any asset acquired by the respondent.
17. Under the circumstances, salary of the respondent being `9000/-
(Rupees Nine Thousand only) per month, maintenance awarded to the
appellant in sum of `3000/- (Rupees Three Thousand only) per month is
justified for the reason the respondent lives in a rented accommodation and
has a mother to support.
18. The address of the respondent is also an indication of his economic
status. He lives in an unauthorized colony in Najafgarh, which is a rural
area of Delhi.
19. The appeal is dismissed but without any order as to costs.
(PRADEEP NANDRAJOG)
JUDGE
(PRATIBHA RANI)
JUDGE
AUGUST 22, 2016
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