Madhya Pradesh High Court
Vishal Maheshwari vs Smt. Pooja Maheshwari on 23 January, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2025:MPHC-GWL:1456
1 MCRC-299-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
ON THE 23rd OF JANUARY, 2025
MISC. CRIMINAL CASE No. 299 of 2024
VISHAL MAHESHWARI
Versus
SMT. POOJA MAHESHWARI
Appearance:
Shri Aaishwarya Joshi - Advocate for applicant.
Shri Atul Gupta - Advocate for respondent.
ORDER
This application under Section 482 of Cr.P.C. has been filed against
order dated 16.10.2023 passed by Additional Judge to the Court of Principal
Judge, Family Court, Gwalior in Criminal Case No.730/2021 by which an
application filed by applicant under Section 91 of Cr.P.C. has been rejected.
2. It is the case of applicant that respondent is working and she has
suppressed her salary and she has not disclosed it in the affidavit which was
filed in compliance of the order passed by the Supreme Court in the case of
Rajnish Vs. Neha reported in (2021) 2 SCC 324 . Against an order of interim
maintenance, the applicant had filed an application under Section 91 of
Cr.P.C. which was rejected. Thereafter, again applicant filed an application
under Section 91 of Cr.P.C. which has been rejected by the impugned order
on the ground that a similar application was rejected on the earlier occasion
and therefore, the application has been filed for delaying the matter.
NEUTRAL CITATION NO. 2025:MPHC-GWL:1456
2 MCRC-299-2024
3. By referring to para 13 of the cross-examination of respondent, it is
submitted by counsel for applicant that she had admitted that she is working
in Auriga Research Company Gurgaon, Haryana for the last 6 to 8 months.
She admitted that she is getting the monthly salary of Rs.20,000/-. A question
was put to her that she has deliberately not filed her salary slip because her
monthly salary is Rs.40,000/-. However, it was submitted by her that that she
did not know that she has to produce the salary slip but claimed that her
monthly salary is Rs.20,000/-. It is submitted that once respondent is a
working woman and is earning, then she was supposed to disclose the said
fact in her affidavit filed in the light of the judgment passed by the Supreme
Court in the case of Rajnish (Supra ) but she has deliberately suppressed the
same. It it submitted that under these circumstances, the trial Court should
have allowed the application filed by applicant under Section 91 of Cr.P.C.
and should have directed the respondent and her employer to produce the
salary slip of respondent.
4. Per contra, application is vehemently opposed by counsel for
respondent.
5 . Considered the submissions made by counsel for parties.
6. The copy of deposition sheets of respondent has been placed on
record. In paragraph 13 of her cross-examination she has admitted that she is
working in Auriga Research Company Gurgaon but claimed that her monthly
salary is Rs.20,000/- and fairly conceded that she has not brought the salary
slip. Under these circumstances, whether the monthly salary of respondent is
Rs.20,000/- or it is Rs.40,000/- as claimed by applicant, can only be
NEUTRAL CITATION NO. 2025:MPHC-GWL:1456
3 MCRC-299-2024
adjudicated after the documents pertaining to salary slip of respondent are
produced.
7. Accordingly, under these circumstances, the order dated 16.10.2023
passed by Additional Judge to the Court of Principal Judge, Family Court,
Gwalior in Criminal Case No.730/2021 is hereby set aside and the
application filed by applicant under Section 91 of Cr.P.C. is allowed and
Accutest Bibolgics Mumbai, Om Sai Clinical Research Sangli Maharashtra,
Panaxcell Clinical Lab Mumbai, Auriga Research Delhi, are directed to
produce the documents pertaining to the salary of respondent which was
given to her from time to time during her employment in the aforesaid
Institutions. The trial Court is directed to issue necessary instructions to the
aforesaid Companies for production of documents.
8. The application succeeds and is hereby allowed.
(G. S. AHLUWALIA)
JUDGE
AK/-
