HIGH COURT OF CHH TTISGARH: BILASPUR rit Petition 227 No. 4517 of 2008 Rajesh Yadav S/o. Shri Tarakram Yadav, aged about 2:7 yeays, Rio. Raveli, Thana Rajim, District Raipur (CG). Petitioner Versus Smt. Chanchall Yadav, aged about 23 years, wig. $hri Raje§h Ygday, Rfq. Pension Bada! Ralpur, Tahsli gnd D’strlct Raspur (CG). Resdondents l (Writ Petition under Articre 22? of thfé Constitution of india) §§:. Honibie' Mr. Satish Ki Agnihotri, J. Presont: Shri $anjay K. Agrawal, courts?! for the petitioner. oRAL ORDER (Passed on this 13‘“ day o‘rAugust, zoos By this petition; the petitioner impugns the legaiity and vaiidity of the order dated 7-7-2008 (Annexure PM), whereby the petitioner has been directed to pay a sum of Rs.5000/- per month as interim maintenance to the respOndent/wife. 2) i Shri Sanjay K. Agrawai, learned counsel appearing for the petitioner submits that the impugned order is bad on account of the tact that no reasons have been assigned as required under the ptovisions of iaw. 0n query asto whether the petitioner has submitted detaiis of his income controvering the ~ averment of the respondentlwife that the petitioner was earning a sum of Rs.8000/- per day and Rs. 2.00.050l- per year from agricuiture, learned counsel for the oetitioner has no answer. 3) On perusai of the reply tiled before the court beiow, it appears that the allegationthat the petitioner was earning a sum of Rs.8000/— per day, was simply denied without submitting the details of his actual income. in this court aiso, the petitioner. has not supplied any detaiis with regard to his income as well as income of the respondent/wife, if any. The petitioner is proceeding vi W _1« only ion the ground that the reasons were no assigned. if the detaiis are not subhhitted by the parties, on what basis the reasons can be given. The learned Judge, after having recorded the statement of the respondent/wife that incorn‘e of the petitioner is Rs.8000l— per dav in addition to rupees two iakh titty ‘per year from agriculture, proceeded to di ect payment a sum of Rs.5000l- per month as interim maintenance to the rejspondentfwife This is eufhcient reasogn to meet the requirement of iaw. it is trit:e iaw that the petitioner doee not deserve any sympathy if all the materiais have not been produced before the Court and there has been attempt to suppress the facts. 4) in the matter of Generai Manager, Haryana Roadways v. Jai Bhagwan and another 1, the‘Honible Supreme Court observed as under: “1 3. Suppression of material fact is viewed seriously by the superior courts exercising their discretionary jurisdiction. in S.J.S.’ Business Enterprises {P} Ltd. v. State of Bihar2, this Court on suppression of fact hel (SCC p.173. para 13). “13. As a general ruie, suppresslon of a material fac by a iitigant disqualifies such litigant from obtaining any relief. This rule has been evolved out of the need of the courts to deter a litigant from abusing the process of court by deceiving it. But the suppressed fact must be a material one in the sense that had it not been suppressed it would have had an effect on the merits of the case.” The said observation was quoted with approval by one of us in Amnima aaruah v. Union of lndiaai wehresin the question which was raised was: How far and to what extent suppression of fact by way of non- disclosure would affect a person’s right of access to justice?. The Court notices that so as to enable it to refuse to exercise its discretionary jurisdiction, the suppression must be of material fact. What would be a \ i (2008) 4 scc 127 2 3 (20041 7 scc 166 (2.007) 6 soc 120 d t materia! fact. suppression whereof wouid disentitle the appeliant to obtain a discretionary, relief, wouid depend upon the facts and circumstances of each case.” _"5a 5) §The petitioner has not come with ctean hands before this Court also as the petitioner has not stated anything about his income. Thus, the order i passed‘kby the court belowis unexceptionabie and needs no interference. 6) gAccord-ingiy, , the petition is dismisse;d l summarily. Consequently, I - Isa/— -. r4 ? >satish-K.Agnihctri J J dge. ~ ‘» - l l l.A.Noi1 stands disposed of.