Delhi High Court - Orders
Dheeraj Bansal vs Poonam Bansal on 22 January, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~75
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 440/2022 & CRL.M.A. 13670/2022
DHEERAJ BANSAL ..... Petitioner
Through: Mr.Vinod Dahiya, Adv. along
with petitioner in person.
versus
POONAM BANSAL ..... Respondent
Through: Mr.Shiv Chopra and
Mr.Siddharth Arora, Advs.
along with respondent in
person.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 22.01.2024
1. This petition has been filed challenging the Order dated 23.04.2022 (hereinafter referred to as 'Impugned Order') passed by the learned Additional Principal Judge, Family Courts, West District, Tis Hazari Courts, Delhi (hereinafter referred to as 'Family Court') in MT. No. 52/2016 titled Poonam Bansal & Ors. v. Dheeraj Bansal, dismissing the application filed by the petitioner herein under Section 126(2) of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.).
2. In the Impugned Order, the learned Family Court has inter alia observed as under:
"27. The applicant/respondent/husband has filed his income tax returns for several years. Though applicant/respondent/husband claims to be engaged in transport business, his income therefrom is carefully monitored for there has not been much variation in his gross income since the year 2015-2016. The gross total income of applicant/respondent/husband varies from This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 03:41:31 Rs. 2,45,000/- in the year 2015-2016 to Rs. 2,46,000/-in the year 2020-2021. He has also filed his credit score. As per CIBIL statement, applicant/respondent/husband has credit score of 597 which is reasonably high. Besides giving address of House No. 4C, Citizen Enclave, Sector 14, Rohini Extension, Delhi as his residence and office address, another residential address 5-D, Janyug Apartment, Delhi is also reflected from it. It is also seen from the credit account information statement/summary filed by applicant/respondent/husband that he had stood guarantor and/or was joined account holder of at least 09 commercial vehicle loans of substantial of sum of money. On the one hand applicant/respondent/husband claims that he has limited resources and income and is dependent on his mother even for residential accommodation, he is involved in large scale financial transactions pertaining to commercial vehicles in one capacity or the other. This is despite the fact that all the three bank accounts which he states he has have been freezed. It would thus appear that applicant/respondent/husband does not route all his earnings through proper channel and a large chunk of it is not reflected in account books and income tax returns filed by him as this case with most of the businessman/business establishments. Thus, the plea taken by applicant/respondent/husband that he has a meager income of Rs. 2,40,000/- per annum and is unable to discharge liability of paying maintenance amount of Rs. 60,000/- per month to the non- applicant/petitioners/wife, as directed vide ex-parte judgment dated 03.04.2019, cannot be believed. There is no infirmity in the quantum of maintenance fixed by learned Predecessor vide ex-parte judgment dated
03.04.2019. It is, however, made clear that whatever amount has been paid by applicant/respondent/husband towards maintenance as well as school fees of both the children to non-applicant/petitioner No.1/wife in these proceedings or any other proceedings would be adjusted towards maintenance fixed vide ex-parte judgment dated 03.04.2019."
3. As is evident from the above, the learned Family Court has inter alia observed that as per the credit account information This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 03:41:31 statement/summary, the petitioner herein has stood guarantor and/or was joint account holder of at least 9 commercial vehicle loans of substantial sums of money. The learned Family Court has, therefore, disbelieved the version of the petitioner herein that the petitioner is earning only a sum of Rs.2,40,000/- per annum.
4. The learned counsel for the petitioner submits that the above finding of the learned Family Court is incorrect and he be granted liberty to place on record an affidavit of the petitioner rebutting the same.
5. The petitioner shall file an affidavit clearly disclosing his income, annexing therewith with bank statements of all bank accounts whether singularly held or held jointly with anyone else or of which he is an authorized signatory, for a period dating back to six months from today. He will also disclose if he has taken any bank loan or has stood as a guarantor for any bank loan from the date of filing of the petition under Section 125 Cr.P.C. by the respondent, that is, MT. No. 52/2016, and if there is any such transaction, the details thereof shall be provided. He shall also disclose if he is a partner/director/employee of any partnership firm/company/undertaking or has been in such capacity from the date of filing of the Maintenance Petition under Section 125 Cr.P.C., and shall also give the details of the emoluments received from such partnership firm/company/undertaking in any form whatsoever. Such affidavit be filed within a period of two weeks, as prayed for.
6. The learned counsel for the respondent submits that the elder daughter of the parties is studying at the Sharda University and the fee This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 03:41:32 amount of Rs.2,49,225/- is due and payable. He submits that the younger daughter of the parties is studying in a school for which the fee of Rs.19,602/- is due and payable, as of today.
7. The petitioner, who is present in person in Court, without prejudice to his rights and contentions, undertakes to make payment of the above amount within a period of four weeks from today, either directly to the University/School or through the respondent.
8. The proof of such payment shall be filed by the petitioner with this Court on or before the next date of hearing with an advance copy of the same to be supplied to the respondent. Failure, if any, of the petitioner to comply with his undertaking, apart from other actions, shall lead to an automatic vacation of the interim stay granted by this Court vide Order dated 28.02.2023.
9. I may herein note that the abovementioned fee is only the tuition fee and this Court has, presently, not passed any order with respect to the maintenance of the respondent and/or the children, therefore, any excuse by the petitioner for non-payment of the same will be strictly viewed by this Court.
10. List on 20th March, 2024.
NAVIN CHAWLA, J JANUARY 22, 2024/ns/AS Click here to check corrigendum, if any This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/01/2024 at 03:41:32