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Showing contexts for: procured document in Gaurav Arya vs Anandita Jain on 1 November, 2019Matching Fragments
The learned counsel for the respondent on the other hand submitted that the appellant had illicit relations with Tanisha Bedi with whom he got married soon after the decree of divorce dated 20.11.2015. He further submitted that there was no question of any pressure having been exerted or any threat having been extended to the appellant to resolve the dispute between the parties. The respondent alleged that the appellant had been continuously defaulting in the payment of monthly alimony agreed upon between them at the time of grant of mutual divorce. She rather alleged that his employment letter from Delport Aviation Pvt. Ltd. was in fact a fabricated document procured in collusion with his employer and his sole intention was to mislead the Court on the basis of the above fake document so as to obtain an order decreasing the maintenance amount 5 of 9 FAO-5761-2018 [ 6 ] which had been settled between the parties.
The submissions made by the learned counsel for the appellant are bereft of any merit and deserve to be rejected outrightly. The allegations of the appellant that there was coercion by the respondent and her family on him to agree to the terms and conditions and there was pressure exerted by the Court to agree to pay an amount of Rs.55,000/- per month as maintenance-cum-alimony on the face of it is laughable and in fact borders on contempt. It is precisely for a situation like the above that for a divorce by mutual consent under Section 13-B of the Act certain statutory conditions have to be adhered to, which include a mandatory period of six months between first and second motion statements of the parties. It is indeed very strange that the husband who admittedly is an educated man and was represented by a counsel, did not during the cooling off period make any complaint much less resile from his earlier statement at the time of the second motion if at all the allegations of the alleged threat or pressure exerted by the Court were correct. In fact, the husband seems to be trying to play a fraud not only upon the respondent but also upon this Court. If one goes by the sequence of events from the time of inception of the petition under Section 13 of the Act to the filing of the petition under Section 25 (2) of the Act it is not hard to discern that the husband in order to avoid criminal proceedings which had been initiated against him willingly entered into a compromise with the wife with certain terms and conditions including the maintenance of Rs.55,000/- per month so as to lure her into filing a petition under Section 13-B of the Act. Once the respondent had 7 of 9 FAO-5761-2018 [ 8 ] played her part and had acted upon the compromise and divorce under Section 13-B of the Act had been obtained by the appellant-husband, now the appellant very conveniently has come up with a sob story regarding his business losses and financial incapacity making him unable to comply with the terms and conditions as settled between them. It is very strange that soon after his re-marriage, his business collapsed like a pack of cards leaving him in such a pitiable condition that he was left with no other option but to seek financial help from his second wife and his family. Though he has claimed and placed on record an employment letter from one Delport Aviation Pvt. Ltd. as Unit Manager, a perusal of the same raises eyebrows and exposes the manipulations by the appellant. On the Salary Certificate, his date of joining the said company is shown as 01.09.2017 whereas in his own application he has mentioned the date of joining as 03.09.2016. Further, it is indeed very strange that in the Salary Certificate no deductions qua the PF, TDS etc. have been reflected and there is a mere mention of the net salary being Rs.42,000/-. The deductions which are not in the Salary Certificate, will only enure to the benefit of the appellant. It is obvious that the said document is a procured one which apparently has been prepared with the active connivance of the employer. The accuracy of this Certificate itself is highly doubtful, because it hides more than it reveals.