AVIJIT ROY Vs. TANIA KAR

JUDGEMENT

(1.) This petition under Section 19(4) of the Family Courts Act, 1954 read with Section 401 of the Code of Criminal Procedure is directed against the order dated 12.2.2015 passed by the learned Family Judge, West Tripura, Agartala in case No. Civil Mise. 116 of 2009 whereby he rejected the prayer made by the petitioner (hereinafter referred to as the husband) requesting that the employer of the respondent (hereinafter referred to as the wife) be directed to submit documents relating to her employment and emoluments.

(2.) This petition arises out of proceedings initiated by the wife for grant of maintenance under Section 125 of the Cr.P.C. The said petition was filed on 16.4.2009. Initially an order was passed whereby the husband was directed to pay Rs.12,000/- per month as interim maintenance on 15.7.2009. Thereafter, this order was modified by the Agartala Bench of the Gauhati High Court in Criminal Revision Petition No.81 of 2009 filed by the wife and in terms of the order passed by the High Court, the wife and the child are getting Rs.20,000/- per month as interim maintenance. It appears that efforts were made to reconcile the matter on various occasions but to no avail.

(3.) The petition remained pending for more than 5(five) years and from the record I find that on a large number of occasions the wife was absent and was not present for her examination. The wife was finally examined on 03.11.2014 more than 5 years after the petition was filed. Thereafter, the husband had to produce his evidence and the first date was given on 16.1.2015 on which date request was made by the husband for adjournment and the case was adjourned for 12.2.2015 for recording the evidence of the husband and his witnesses. On 12.2.2015, an application was filed by the husband in which it was stated that the husband had downloaded the Curriculam Vitae (C.V) of the wife from the website of 'Timesjob.com' and in the said C.V the emoluments of the wife are shown to be 4.25 lacs per annum. She was also alleged to be an employee of ICICI Bank in ICICI Prudential and therefore, the husband prayed that the learned Family Court should issue notice to the Human Resource Manager, ICICI Prudential Life Insurance, 1st Floor- ICICI Prulife Towers, 1089 Appa Saheb Maratha Marg, Prabhadevi, Opposite Tata Motors, Mumbai-400025 and others to intimate whether the wife was employed by then and to give details about her emoluments.