(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. We have heard learned Counsel, Mr. Kavina, for the applicant and the respondent, who is present in person. On the previous occasion, he had stated that he would like to argue the case himself and his advocate, previously appearing, would not be appearing before the Court.
2. In response to the order, dated 09.12.2011, passed by the Division Bench of this Court, the respondent has filed affidavit dated 23.12.2011. The applicant has also filed rejoinder dated 22.01.2012 to such affidavit-in-reply.
3. From the record, we notice that as per the applicant-wife, under various orders passed by the Courts, the respondent is in arrears of amount of maintenance and the amount towards residence, totaling to Rs.6,48,871/-.
4. The case of the respondent is that he simply does not have any means to pay the aforesaid amount.
5. From the statement of bank account No.003010100466387 of the respondent in Axis Bank, we notice that after 01.10.2010, there were substantial deposits in the said bank account of the respondent running into lacs of rupees. We also notice that correspondingly there were substantial withdrawals from the same account by the respondent also running into lacs of rupees.
6. The applicant in the affidavit-in-rejoinder has asserted that the applicant has another bank account in the same bank, bearing No.0032010100002721 along with his parents. The applicant has also stated that the respondent is having another account in HDFC Bank, S.G. Road Branch, Ahmedabad, bearing No.03061000012710. The applicant has also set out that respondent had another account in Bank of Baroda, Vastrapur Branch, Ahmedabad, bearing No.25360100009482, which was closed by him in the year 2011.
7. Under the circumstances, the respondent is directed to file a further affidavit, explaining the credit entries in his bank accounts in Axis Bank and H.D.F.C. Bank in excess of Rs.10,000/- as well as withdrawals from the said accounts in excess of Rs.10,000/-, for the period commencing from 01.01.2010 onwards.
8. The applicant is PERMITTED to join (1) Bank of Baroda, Vastrapur Branch, Ahmedabad, (2) Axis Bank, Vastrapur Branch, Ahmedabad as well as (3) H.D.F.C. Bank, S.G. Highway Road Branch, Ahmedabad, through their respective Managers as party respondents.
9. Issue NOTICE to newly added respondents, making it returnable on 27TH MARCH, 2012.
They shall state before the Court, whether the respondent holds any bank account with their branches and if so to give number of such accounts, at this stage. Direct service to newly added respondents is permitted.
(AKIL KURESHI, J.) (C.L.
SONI, J.) Umesh/ Top