Sparsh Dhir v. Esha Dhir

1. The point involved in the present petition is very short and precise.

2. On account of the alleged conduct of the petitioner, who had filed a petition seeking divorce, his right to file income affidavit and to address arguments on application moved under Section 24 of Hindu Marriage Act, 1955 by his wife has been closed.

3. Learned counsel for respondents appears on advance notice and submits that, though, the conduct of the petitioner has been that of total non-cooperation and his endeavour is to delay the proceedings on one pretext or the other, at the same time, in order to ensure that there is no further delay in disposal of application in question, he would have no objection if one last and final opportunity is granted to the petitioner herein to do the needful in a CM(M) 678/2025 2 time-bound manner. He also submits that there is previous unpaid cost of Rs.30,000/- as well.

4. Keeping in mind the overall facts of the case and without going any deeper into the matter, the present petition is disposed of with direction to the petitioner herein to file his income affidavit before the learned Trial Court within three working days from today with advance copy learned counsel for respondents or respondents.

5. The unpaid cost of Rs.30,000/- and, additional cost of Rs.10,000/which is being imposed today i.e. total cost of Rs.40,000/-, be also transmitted to the account of the respondent through online banking mode within one week from today.

6. In case, the income affidavit is filed within three days and cost is cleared within seven days from today, the learned Trial Court shall be permitted to consider such income affidavit filed by the petitioner herein and would also hear him in respect to the application moved under Section 24 of Hindu Marriage Act, 1955.

7. The present petition, along with pending applications, stands disposed of in aforesaid terms.

8. Order dasti, under the signatures of Court Master.

JUDGE APRIL 15, 2025/ss/SS