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2018 DIGILAW 749 (JHR)

Krishna Kanyal Deonath v. Lipika Deonath

2018-04-04

APARESH KUMAR SINGH, RATNAKER BHENGRA

body2018
ORDER : 1. The present appeal arose from the judgment dated 03.07.2015 rendered by the Learned Principal Judge, Family Court, Ranchi whereby the learned Court dismissed the Matrimonial title Suit No. 313 of 2010 instituted by the husband seeking a decree of divorce on the grounds of cruelty and desertion. 2. The Respondent / wife through her written statement had, apart from other contentions, also pleaded that the petitioner had incurred second marriage and also got three children from the co-wife. One of the child was studying in Bishop Westcott, Namkum, Ranchi. In the school register, father’s name is that of the petitioner and mother’s name is Asha Deonath who belongs to Andhra Pradesh. Respondent asserted that she is the legally wedded wife of the petitioner. A son was born out of the wedlock while she was living at her parent’s place. She alleged that the petitioner had incurred second marriage but suppressed this fact. 3. Learned Family Court considered the evidence of the parties and came to the opinion that allegations of cruelty are not proved. Petitioner had filed a case only to get a decree of divorce for the purpose to give the name of father to the other boy and wanted to get rid of the Respondent and his son which was not permissible. All the other issues were also decided against him. 4. In the present appeal, efforts for settlement were made initially through mediation, which failed. However, at the request of the learned counsel for the parties, one more opportunity was granted to the parties to settle their dispute amicably with the good offices of their learned counsels, by order dated 26.07.2017. When the matter was taken up on 09.08.2017, it was informed that parties had shown intent to settle the matter amicably. The appellant / husband volunteered to file an affidavit in specific terms that he has not married twice. 5. Proceedings thereafter, as also borne out from the orders passed by this Court, took a serious turn. The contention of the appellant made through affidavit that he has not married with any other lady during subsistence of his marriage with the present Respondent, was seriously contested by the Respondent / wife. The appellant started evading appearance and this court had to issue non-bailable warrant of arrest for his production. The contention of the appellant made through affidavit that he has not married with any other lady during subsistence of his marriage with the present Respondent, was seriously contested by the Respondent / wife. The appellant started evading appearance and this court had to issue non-bailable warrant of arrest for his production. The substance of the instant controversy is encapsulated in the order dated 28.02.2018, which is reproduced hereunder: “Reference may be made to our order dated 09.08.2017, 30.08.2017, 06.09.2017, 13.12.2017 and 09.01.2018. The order dated 09.01.2018 is extracted hereunder:- Reference 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 enquiry, 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. 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”. 2. It was only after issuance of the non bailable warrant against the Appellant that he filed supplementary affidavit on 02.02.2018 in the nature of reply to the affidavit of the Respondent dated 24.08.2017, which was taken note of in our order dated 06.02.2018. The Respondent took time and filed her reply on 22.02.2018 refuting the statement made at para 5 of the supplementary affidavit of the Appellant dated 02.02.2018, wherein Appellant had stated that all the 3 children are son and daughters of his younger brother Krishna Narayan Deonath, in support of which Aadhar Card and documents of School of the 3 children are enclosed as Annexure-3 series. He further stated that Respondent is the only legally wedded wife of the Appellant. It is totally wrong to say that Appellant has 3 children out of his second wedlock. 3. Respondent in her reply has reiterated her assertion that all the children of the Appellant are born through the second wife Asha Devi. The school authorities have refused to give copy of the records of the initial admission of the child, Shivani Deonath in Bishop Wescott Girls' School. 4. The Identity Card and Bill Books enclosed to the supplementary affidavit of the Appellant dated 02.02.2018 do not bear any date. The documents at page 9 in respect of Aditya Deonath from the Model Children School, Purulia Road, Gyan Lok, Jorar, Namkum, Ranchi bears the signature of the Principal of the said school dated 30.01.2018. Similar is the document at page 11 in respect of Shivangi Deonath from the same Model Children School bearing the signature of the Principal dated 30.01.2018. The documents at page 9 in respect of Aditya Deonath from the Model Children School, Purulia Road, Gyan Lok, Jorar, Namkum, Ranchi bears the signature of the Principal of the said school dated 30.01.2018. Similar is the document at page 11 in respect of Shivangi Deonath from the same Model Children School bearing the signature of the Principal dated 30.01.2018. Learned counsel for the Appellant has not been able to clarify as to the nature of the document. Learned counsel for the Respondent submits that it is apparently a diary. These two documents are of course of 30.01.2018 in respect of other two children. This affidavit has been filed by the Appellant after avoiding to answer the specific affidavit of the Respondent dated 24.08.2017 for long and only after issuance of the non bailable warrant of arrest against him on 09.01.2018. This conduct of the Appellant gives rise to suspicion. 5. In such circumstances, before directing to initiate a criminal proceeding against the Appellant and also a proceeding for criminal contempt of the Court, we consider it proper to get the matter inquired through the Senior Superintendent of Police, Ranchi. The Senior Superintendent of Police, Ranchi would inquire into the correctness of the assertion made by the Appellant from all possible sources including the admission records of the school and submit a report within period of 4 weeks to this Court. 6. Let the instant order along with copy of the affidavit dated 11.08.2017 filed by the Appellant; reply dated 24.08.2017 by the Respondent; supplementary affidavit dated 02.02.2018 by the Appellant and the reply to the supplementary affidavit by the Respondent dated 22.02.2018 be also furnished to the office of Senior Superintendent of Police, Ranchi. 7. Appellant has appeared in person today though the report of execution of the non bailable warrant of arrest against him has yet not been submitted despite our order dated 06.02.2018 also. A prayer for recall of the non bailable warrant of arrest has been made through I.A. No. 1615 of 2018. Appellant has tendered unqualified apology and stated that he had no deliberate intention for evading appearance before this Court. 8. Considering the prayer of the Appellant, non bailable warrant of arrest issued against him vide order dated 09.01.2018 is recalled, however, with a cost of Rs.10,000/- to be deposited by the Appellant in JHALSA within a period of 2 weeks from today. 8. Considering the prayer of the Appellant, non bailable warrant of arrest issued against him vide order dated 09.01.2018 is recalled, however, with a cost of Rs.10,000/- to be deposited by the Appellant in JHALSA within a period of 2 weeks from today. I.A. No. 1615 of 2018 stands disposed of. 9. Let the case appear in the First week of April, 2018.” 6. This Court in the facts and circumstances discussed above, thought it proper to get the matter inquired into through the Senior Superintendent of Police, Ranchi before directing initiation of criminal proceedings against the appellant and also proceeding for criminal contempt of the Court. Senior Superintendent of Police, Ranchi has submitted a report based upon the inquiry conducted by the Inspector of Police – cum- Officer in Charge, Namkum Police Station, Ranchi. The report is at flag-‘R’ bearing letter no. 1468 dated 01.04.2018 enclosing the inquiry report of the Officer in Charge, Namkum Police Station, Ranchi dated 29.03.2018 bearing memo no. 1443/18. The inquiry report also encloses the admission form of elder child ‘X’ (name withheld) and also certificate of birth issued by the competent authority under Ranchi Municipal Corporation dated 10.05.2006. In respect of elder child ‘X’, report and enclosures clearly show that father of the child is Krishna Kanyal Deonath (appellant herein) while mother’s name is recorded as Asha Deonath. In respect of other two children who are studying in Modern Children School, Namkum, records reveal that the father’s name is Krishna Narayan Deonath, but the name of the mother is not indicated therein. The date of birth of one of the child is 14.10.2012 and that of the other male child is 20.10.2008. The Officer in Charge, Namkum Police Station, on further inquiry, reported that the name of the mother of these two children is Allam Pali Bhi Lakshmi Deonath. These records were allowed to be inspected by the learned counsel representing the parties today. 7. The facts which have been recorded hereinabove disclose that the appellant has indulged in making false statement on oath which is receivable as evidence in the present proceedings before this Court and are punishable under sections 193 and 199 of the Indian Penal Code. Apart from the above, these acts of the appellant prima facie amount to criminal contempt of this Court as it tends to interfere or cause obstruction in the administration of justice. Apart from the above, these acts of the appellant prima facie amount to criminal contempt of this Court as it tends to interfere or cause obstruction in the administration of justice. Therefore, in exercise of powers conferred under the Criminal Procedure Code, we accordingly direct the Learned Registrar General of this Court to lodge a complaint before the Learned Chief Judicial Magistrate, Ranchi within whose jurisdiction the aforesaid acts have been committed. The appellant is present in court. Learned Registrar General is also directed to take sufficient surety from the appellant for ensuring his appearance before the Learned Chief Judicial Magistrate, Ranchi. All relevant affidavits as mentioned in our order dated 28.02.2018 and the report of the Senior Superintendent of Police, Ranchi dated 01.04.2018 be enclosed with the complaint. Let a separate proceeding be instituted for criminal contempt of this Court against the appellant and be placed before the appropriate Bench. A compliance report be also filed on or before the next date. 8. Let the matter be listed after two weeks on 19.04.2018 as unfixed case. 9. Let the order be communicated to the Learned Registrar General forthwith. Ordered accordingly.