Jharkhand High Court
Krishna Kanyal Deonath vs Smt Lipika Deonath on 9 January, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh, Rajesh Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
First Appeal No. 126 of 2015
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Krishna Kanyal Deonath ... ...Appellant
-V e r s u s-
Smt. Lipika Deonath ... ...Respondent
CORAM: - HON'BLE MR. JUSTICE APARESH KUMAR SINGH
HON'BLE MR. JUSTICE RAJESH KUMAR
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For the Appellant : - None.
For the Respondent:- : - Mr. A. K. Das, Adv.
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14/09.01.2018Reference is made to the order dated 09.08.2017. The appellant thereafter filed supplementary affidavit on 11.08.2017 stating in specific terms that he has not got married after his only wife-respondent left her matrimonial home. At para-5, he also categorically denied that he has three children out of his second wedlock.
In response, by a reply filed on 24.08.017, the respondent made categorical statement at para-5 that appellant is presently leading a married life with one Asha Devi and from their wedlock, there are three children i.e. (i) Shivani Deonath- Daughter, (ii) Purnima Deonath
-Daughter and (iii) Saurabh Deonath- Son. The respondent, after enquiy, also came to learn that his daughter, Shivani Deonath is presently studying in Class- VIII 'C' in Bishop Westcott's Girls High School, Namkum. In the school record also, name of her father is mentioned as Krishna Kanyal Deonath i.e. the appellant. These facts would be verified from the records of the said school, but in the absence of any order of the Competent Court, the School authorities have refused to furnish the record on the ground that the appellant has given specific instruction not to supply the said document. The respondent therefore pleaded that the appellant has made false statement on oath.
Thereafter, the appellant has been seeking time on number of dates to offer reply, but it appears that he has been deliberately evading to offer specific denial. Prima facie, it appears that the appellant has made false statement on oath through its affidavit dated 11.08.2017. This is both an offence under Indian Penal Code and an act of criminal contempt of this Court by causing interference in administration of justice.
No one appears for the appellant today, though learned counsel, Mr. Sandeep Kr. Burnwal representing him had been granted time by way of last indulgence for the said purpose on the previous date.
Accordingly, let non bailable warrant of arrest be issued against the appellant to be executed through Namkum Police Station for production of the appellant for facing the charge of criminal contempt of this Court and also having made false statement on oath. The warrant is returnable by 30.01.2018. Office to take urgent steps in that regard.
List this case on 30.01.2018 as unfixed case.
(Aparesh Kumar Singh, J.) (Rajesh Kumar, J.) Kamlesh/