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SC passed Orders to Extradite Husband from Kenya, didn’t Pay Maintenance to Wife

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Paridhi Arya

Published on April 27, 2022 at 13:50 IST

The Bench of Chief Justice of India N V Ramana, Justice Krishna Murari and Justice Hima Kohli has passed an Order to Extradite the Gujarati Man from Kenya who is since eight years not giving Maintenance to his wife and not appearing in Case of Dowry Harassment.

Advocate Aastha Mehta representing the wife in the Case submitted that whereabouts of his husband is kept secret by his parents.

The Court ordered Gujarat Director General of Police to appear and Director General of Police told the Court that the husband Hiren Parikh is in Kenya.

The Court ordered State to take help of Ministry of External and Home affairs to impound his passport and to issue the red corner Notice against him.

The Supreme Court ordered the Gujarat Government “To take all necessary steps to bring Hiren Parikh back to India so that the Proceedings can continue against him under the Criminal Law. The State Police is at Liberty, as available in Law, to secure the presence of the husband in India, to take all necessary steps in consultation with the Ministry of Home Affairs as well as the Ministry of External Affairs.”

In 2014 wife filed First Information Report against husband and in-laws under Protection of Women from Domestic Violence Act. The High Court passed stay in the investigation which is continuing for eight years and wife was left to stagger by not providing maintenance to her.

The Court after the request of Additional Solicitor General S V Raju lifted this stay and order the investigation of the case

Advocate Prateek Kumar representing the husband argues that his client was not aware about the proceedings

Chief Justice of India said “Do not plead ignorance now. Only when we Summoned the top Police Official of the State did you realize the gravity of situation. We told you several times not to play with Court. Now you must face the consequences.”

Court directed the Advocate of husband “To submit the details of movable and immovable assets of his client that are available in India. He shall also furnish the details of the maintenance paid by him to his wife so far” so that Maintenance can be paid to wife.

Bench will hear the matter on May 4.