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2022 DIGILAW 1127 (MP)

Yash Parashar v. Ashvini Parashar

2022-09-13

RAJENDRA KUMAR VERMA

body2022
ORDER 1. This petition under section 19(4) of the Family Court Act, 1984 has been preferred by the petitioner against the order dated 18.2.2022 passed by First Additional Principal Judge, Family Court, Indore in M.J.C.No.139/2020 whereby the application filed by the petitioner under section 91 of Cr.P.C.has been partly allowed. 2. Learned counsel for the petitioner submits that in pursuance of the law laid down by the Hon'ble apex Court in the case of Rajnesh v. Neha and another reported in AIR 2021SC 565 both the parties have to file affidavits in proforma as prescribed by the apex Court. 3. Learned counsel for the petitioner has drawn attention of this Court on affidavit filed by the respondent before the Family Court in which column No.F9, only account of Punjab National Bank is mentioned. It is further submitted that the respondent has account in Axis Bank also, therefore, the petitioner prayed before the Family Court to direct the respondent to furnish all the details of Bank account linked with PAN-BPUPG2866L of respondent. The learned Family Court has erred in partly allowing the application filed by the petitioner under section 91 of the Cr.P.C. 4. Learned counsel for the respondent has opposed the petition and prays for dismissal of the criminal revision. 5. Heard learned counsel for the parties and perused the record. 6. On perusal of the record it is clear that the respondent has not furnished the details of bank statements of all accounts for the last three years as prescribed in column No.F-9. She had only furnished the details of Punjab National Bank and did not furnish the details of Axis Bank. The learned Family Court has been pleased to partly allow the application and directed the respondent to furnish the statement of account of three years of the above bank account (Punjab National Bank). As per the petitioner, the respondent has also account in the Axis Bank and the account is linked with PAN-BPUPG2866L. 7. The Hon'ble apex Court in the case of Rajnesh (Supra) has held as under:- "(iv) The party claiming maintenance either as a spouse, or as a partner in a civil union, live-in relationship, common law marriage, should be required to file a concise application for interim maintenance with limited pleadings, alongwith an Affidavit of Disclosure of Assets and Liabilities before the concerned court, as a mandatory requirement. (v) On the basis of the pleadings filed by both parties and the Affidavits of Disclosure, the Court would be in a position to make an objective assessment of the approximate amount to be awarded towards maintenance at the interim stage." 8. It is mandatory for both the parties to furnish the details regarding their bank accounts and the statement of accounts of previous three years in pursuance to the direction issued by the Hon'ble apex Court in the case of Rajnesh (Supra). The Family Court has erred in partly allowing the application filed by the petitioner. 9. In view of the aforesaid, the petition is allowed. The impugned order dated 18.2.2022 passed in MJC No.139/2020 by the First Additional Principal Judge, Family Court, Indore is hereby modified. The respondent is directed to furnish the details of statements of accounts for the last three years of Bank Accounts linked with PAN-BPUPG2866L as prescribed in column no.F-9 before the Family Court.