Akhil Sarda vs Smt Rajmani Sarda
2021 Latest Caselaw 8258 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 1782/2019

Akhil Sarda S/o Sh. Keshav Sarda, Aged About 40 Years, B/c Sarda , R/o Bq 45 Shalimar Baag, New Delhi, Delhi

----Petitioner Versus

1. Smt Rajmani Sarda W/o Sh. Akhil Sarda, Aged About 38 Years, B/c Sarda , R/o Jassusar Gate , Near Bayaji Mandir, Bikaner (Raj)

2. Bharat Sarda, Aged About 12 Years, Through His Natural Guardian , Smt. Rajmani Sarda , S/o Akhil Sarda , B/c Sarda , R/o Jassusar Gate , Near Bayaji Mandir , Bikaner (Raj)

3. Suhana Sarda, Aged About 10 Years, Through His Natural Guardian , Smt. Rajmani Sarda , S/o Akhil Sarda , B/c Sarda , R/o Jassusar Gate , Near Bayaji Mandir , Bikaner (Raj)

----Respondents

For Petitioner(s) : Mr. Dhirenda Singh For Respondent(s) : Mr. J.S. Choudhary, Sr. Advocate assisted with Ms. Anu Choudhary

HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment

25/03/2021

The petitioner herein is facing proceedings under Section 125

Cr.P.C. in the Family Court, Bikaner. The petitioner has set out a

case that he has provided a flat to the respondent No.1 from

which she is earning a handsome amount of rent. That apart, the

children too own immovable properties and securities, the details

whereof are essential to be produced on record so as to ensure

that all material facts are brought on record for a just decision of

the dispute. The petitioner moved an application under Section 91

(2 of 2) [CRLMP-1782/2019]

of the Cr.P.C. in the Family Court No.2, Bikaner which has been

rejected vide order dated 18.12.2018 which is assailed in this

misc. petition.

I have heard and considered the submissions advanced by

learned counsel representing the parties and have gone through

the impugned order and the documents placed on record.

Ex-facie, in proceedings under Section 125 Cr.P.C., financial

status of the parties would be a relevant factor for arriving at just

conclusion regarding entitlement and quantification of the amount

of maintenance. Obviously, Bank Statements, Income Tax Returns,

details of the properties etc. owned by the respondent No.1 and

the children would be in her exclusive knowledge and the

petitioner has no means to lay his hands thereupon. These

material facts and documents have to be brought on record for a

fair procedure.

In this backgrounds, I am of the opinion that it is essential

for just disposal of the proceedings that the Bank statement of the

respondent No.1 Rajmani and her ITRs and the details of the

immovable properties, if any, held by her and the children from

the year 2015 to 2018, should be placed on record of the

proceedings. The respondent shall file these documents on record

preferably within next thirty days whereafter the Family Court

shall expeditiously decide the proceedings under Section 125

Cr.P.C.

The misc. petition is disposed of accordingly.

(SANDEEP MEHTA),J 74-Sudhir Asopa/-

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