Ground 2:

Part 2: Grounds to corroborate the concealing of income by respondent after putting false allegations on petitioner only to get unfair maintenance:

Allegation by petitioner, Shri Shived Saxena Saxena on respondent, Smt. Megha Khare: The petitioner, Shri Shived Saxena alleged the respondent, Smt. Megha Khare that the respondent, Smt Megha Khare is concealing her income is putting false allegations on petitioner only to get maintenance.

Facts to vindicate the allegation on respondent, Smt. Megha Khare by petitioner Shri Shived Saxena :

 1. The learned court  relied only on the Net salary as per salary-slip bonafidely produced by the petitioner and passed the impugned order without looking into his liabilities towards his parents and other financial obligations. The learned court has not appreciated that petitioner has provided all the details bonafidely whereas respondent has hidden many facts and the legal maxim " falsus in uno, falsus in omnibus" says that false in one thing, false in everything ". A true person would always like to put everything authentically before law.

2. She has a 5 bank accounts in total . If she does not have a source of income ,what is the need of having 5 accounts ? From where is she getting the money to maintain these 5 accounts. After all, she has said that she does not have a source of income and is dependent on her brother and mother for her livelihood. Most private sector banks advise a minimum balance of Rs 10,000 each month. This amounts to Rs 50,000 in all .

3. On a hindsight , it is very much possible that Respondent Megha may have been a partner in her father’s law firm P.N. Khare and Company . It is only then that it becomes logically viable for her brother Ankur to use his sister’s account “for purpose of his business”.

4. It is to be noted further that ,she has two joint bank accounts -Axis Bank (911010056397880) and Yes Bank (0444511000033) with her brother Ankur Khare who is an Income Tax advocate by profession . On a hindsight , it is very much possible that Respondent Megha may have been a partner in her father’s law firm P.N. Khare and Company . It is only then that it becomes logically viable for her brother Ankur to use his sister’s account “for purpose of his business”.

5.  No wonder ,that she did not submit this affidavit in the lower court for 2 years and even until Dec 2,2022 when the Honourable High Court of Madhya Pradesh issued a strict warning forfeiting the right to submission , she came forward and sought time till 8 December 2022.

 Further to be noted is  that ,her affidavit signing date of Rajnesh Vs Neha format is December 1,2022 . 

 If that be the case why did her counsel pray for the next date in the first place ? 

Are these some kind of delaying tactics being performed by her  lawyers.  

Given to the values and belief systems imposed by the law and Honourable HC , a petitioner / respondent should make genuine and responsible statements in the court in the interest of law abidance and justice.

If her affidavit was ready on Dec 1,2022 ,she should have submitted the affidavit in all honesty without her able lawyers pleading for the next date.

Facts to vindicate the allegation on respondent, Smt. Megha Khare by petitioner Shri Shived Saxena on the basis of assets (moveable and immovable) owned by deponent:

Respondent Megha claims of loan liability which was extended to her by her brother Ankur Khare to the tune of Rs 206527.

Objections :

• When was this loan given by Ankus to Megha ?

• What was the purpose of availing this loan ?

• By when was she expected to repay back this loan ?

• Was there any agreement or documentation between the borrower and the lender ?

• How was Megha expected to repay back this loan ,especially when she does not have a source of Income ,atleast in the eyes of law?

• She has been claiming maintenance since September 2019 @Rs 25000 per month from petitioner Shived . Infact Petitioner Shived,starting from January 2021 ,paid her Rs 50,000 per month continuously till the time arrears got over and it came back to the regular amount of Rs 25000 per month .

• Rs 25000 per month is decent amount for sustenance in a city like Jabalpur  . What was the necessity to avail this loan ?

• Was this loan given to her in her bank account ? If so ,did she produce the bank statement ?

Law of nature: Because of the honorable High court has erred to consider that guilty Conscience accuses itself. When someone is hiding and giving false statements on oath and it is against jus naturale to ignore anything if it is mala fide.

Lex fori: Because of the honourable High Court has erred to consider that giving false affidavit is an offence of perjury under section 340 of Cr.P.C R/W section 191 and 193 of IPC.

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