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
NEUTRAL CITATION
C/MCA/410/2025 ORDER DATED: 12/02/2025
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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 : -
NEUTRAL CITATION
C/MCA/410/2025 ORDER DATED: 12/02/2025
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"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
