JIGNESH BARFIWALA Vs. DEEPTEE K. BARFIWALA

JUDGEMENT

(1.) This petition is filed by the husband - respondent in Criminal Miscellaneous No.551 of 2012 on the file of the Principal Family Court Judge, Bengaluru (for short, 'the Family Court'), a proceeding initiated by the respondent - wife under section 125 of Criminal Procedure Code, 1973 (for short, Cr.P.C ). The Family Court on 19.06.2014, partly allowed the petitioner's application under Section 91 of Cr.P.C directing the respondent to produce her appointment letter after she returned to India in the month of December 2012. However, the petitioner's application under section 91 of Cr.P.C was for a direction to the respondent to produce (i) her Income-Tax Returns filed while residing in the United States of America until her return to India i.e., for the period between 2003 and 2013, (ii) the Appointment Letters issued to her by her employers such as M/s Oracle Financial Services Software, M/s IGate Patni, M/s Syntel Inc., and M/s Polaris Software Labs and (iii) her appointment letter as of December 2012. It is undisputed that respondent in compliance with the Family Court's order dated 19.6.2014 has produced her Income Tax Papers for the year 2012-2013.

(2.) The Family Court has also allowed the respondent's application (IA No. 8) under Section 91 of Cr.P.C by its order dated 08.08.2014 directing the petitioner to produce the documents as mentioned in the application. The respondent in this application has sought for a direction to the petitioner to produce (i) his current employment agreement/s and Salary Certificate/s, (ii) Tax Receipts for the years from 2005-2014, (iii) Credit Card Balances and (iv) his other financial credentials like investments held by the petitioner with his family members. The petitioner in compliance with this order dated 08.08.2014 has filed his Income Tax Returns for the year 2012-2013, his Transfer Letter from the United States of America to India and Salary details as of the date of such order.

(3.) Subsequently, the Family Court by the Order dated 09.04.2015 has directed the petitioner to pay interim maintenance at the rate of Rs.30,000/- per month from March 2013 onwards allowing a period of two months to pay the arrears. On 30.4.2015, the Family Court has issued orders attaching the Petitioner's salary on the ground that the maintenance arrears are not paid.