Affidavit Disclosing Assets Mandatory In Maintenance Proceedings: Orissa HC Laments Non-Compliance Of SC Guidelines By Family Court
1 month, 1 week ago

Affidavit Disclosing Assets Mandatory In Maintenance Proceedings: Orissa HC Laments Non-Compliance Of SC Guidelines By Family Court

Live Law  

The Orissa High Court has expressed displeasure over the recalcitrance of a Family Court in following guidelines issued by the Supreme Court which mandated a person to file an affidavit disclosing his/her assets while making a maintenance application and the respondent to submit his reply along with a similar asset affidavit, only after which a maintenance case can be decided. While remitting the case back to the Court below for fresh disposal in strict accordance with the aforesaid guidelines, the Single Bench of Justice Gourishankar Satapathy observed – “When the principle culled out in a decision is directed to be followed mandatorily, the Court concerned is under obligation to follow such guidelines, but in this case, the learned trial Court having not followed the provisions of the guidelines issued in Rajnesh, the matter is required to be remitted back for fresh disposal in accordance with law by complying the guidelines of the Rajnesh ” Case Background The monthly salary of the petitioner-husband was Rs.42,000/-, but he was directed to pay Rs. On the failure to file the affidavit within the prescribed time, the Family Court may proceed to decide the application for maintenance on the basis of the affidavit filed by the applicant and the pleadings on record.” Despite of the aforesaid precise guidelines, the Apex Court had taken note of the deviations/non-compliances by the concerned Courts across the country. “It is, however, made clear that the learned trial Court while adjudicating the matter afresh may receive the disclosure affidavits from the parties and provide opportunity to lead evidence on the very aspect of the disclosure affidavits by taking into consideration the mandatory guidelines of the Apex Court in Rajnesh,” it clarified.

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History of this topic

Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court
1 week, 2 days ago

Able-Bodied Husband Having Govt Service Statutorily Required To Maintain Wife & Children: Orissa High Court

Live Law  

The Orissa High Court has remarked that an able-bodied husband having government service is statutorily required to maintain his wife and children notwithstanding any marital or other dissention between them. While deciding the challenge to a maintenance order, the Single Bench of Justice Gourishankar Satapathy observed – “…fact remains that once a relationship of marriage is found to be admitted …

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court
2 weeks, 2 days ago

Section 25(2) Hindu Marriage Act | Court Can Grant Maintenance To Wife Exceeding The Amount Claimed By Her: Orissa High Court

Live Law  

The Orissa High Court has ruled that a competent Court, considering facts and circumstances of the case as well as to provide just and fair means, can grant maintenance to wife exceeding the amount which she claimed in her application under the Hindu Marriage Act, 1955. Clarifying the disputed question concerning jurisdiction of Courts to grant enhanced maintenance, the Division …

Meghalaya High Court Sets Aside Trial Court's Maintenance Order Due To Non-Disclosure Of Assets By Parties, Directs Reconsideration
1 month ago

Meghalaya High Court Sets Aside Trial Court's Maintenance Order Due To Non-Disclosure Of Assets By Parties, Directs Reconsideration

Live Law  

The Meghalaya High Court recently set aside a maintenance order passed by a Trial Court under Section 125 of CrPC on the ground that no affidavit of disclosure of assets and liabilities were filed by both parties. The single judge bench of Justice B. Bhattacharjee observed: “Since, it is not disputed in the present case that the impugned order dated …

Senior Citizen Not Entitled To Receive Maintenance From Children Unless Shows Inability To Maintain Himself: Orissa High Court
1 month, 1 week ago

Senior Citizen Not Entitled To Receive Maintenance From Children Unless Shows Inability To Maintain Himself: Orissa High Court

Live Law  

The Orissa High Court has held that simply being a 'senior citizen' does not automatically entitle a person to receive maintenance from children unless shown that he/she is unable to maintain himself/herself from own earnings or out of owned property. While clarifying the position of law under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, the Single …

Law Doesn't Appreciate Educated Wife Sitting Idle & Seeking Maintenance From Husband: Orissa High Court
1 month, 1 week ago

Law Doesn't Appreciate Educated Wife Sitting Idle & Seeking Maintenance From Husband: Orissa High Court

Live Law  

The Orissa High Court has recently held that law does not favour a well-educated woman to sit idle without trying to pursue any work merely to incumber the liability of paying maintenance upon the husband for her sustenance. While lessening the maintenance amount awarded by the Family Court, the Single Bench of Justice Gourishankar Satapathy observed – “Law never appreciates …

Gujarat High Court Directs Inquiry Over Affidavits Notarised Without Parawise Oath Of Deponent
1 month, 3 weeks ago

Gujarat High Court Directs Inquiry Over Affidavits Notarised Without Parawise Oath Of Deponent

Live Law  

The Gujarat High Court on Thursday directed the Principal District Judge, Surat to inquire into the notarisation of two affidavits–filed to bring on record the heirs of an individual on record–and to ask the notary to explain the manner in which the affidavits were notarised in the absence of para-wise oath of the deponent. A division bench of Chief Justice …

Maintenance Proceedings Under S.125 CrPC Are Civil Proceedings Though Breach May Result In Penal Consequences: Supreme Court
2 months, 1 week ago

Maintenance Proceedings Under S.125 CrPC Are Civil Proceedings Though Breach May Result In Penal Consequences: Supreme Court

Live Law  

The Supreme Court noted that maintenance proceedings under Section 125 of the Cr.P.C. “even if non-compliance with an order for payment of maintenance entails penal consequences, as may other decrees of a Civil Court, such proceedings would not qualify as or become criminal proceedings. It referred to the 1969 Law Commission of India report which emphasized that although maintenance proceedings …

Salary Of Army Personnel Can't Be Attached To Realise Maintenance Arrears, Only Central Govt Authorised To Make Deductions: Punjab & Haryana HC
3 months ago

Salary Of Army Personnel Can't Be Attached To Realise Maintenance Arrears, Only Central Govt Authorised To Make Deductions: Punjab & Haryana HC

Live Law  

The Punjab and Haryana High Court has said that the salary of an Army personnel cannot be attached to realise the arrears of maintenance under Section 125 CrPC, as only the Central government is authorised to make deductions. Justice Harpreet Singh Brar said, “In furtherance of the legislative intent behind Sections 25 and 91 of the Army Act, while the …

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife
4 months ago

Courts Should Not Adjudicate From 'Ivory Tower': Punjab & Haryana HC On Family Court's Denial Of Interim Maintenance To Wife

Live Law  

The Punjab & Haryana High Court has said that Courts are mandated to adopt a pragmatic approach by focusing on the substantive financial realities rather than being influenced by the mere formal appearance of employment or income in maintenance proceeding.The Court modified the order of a Family Court wherein, it did not grant any maintenance to wife because she held …

Reassessment Order Can't Merely Be Based On Tax Evasion Report Or An Audit Report: Orissa High Court
10 months, 2 weeks ago

Reassessment Order Can't Merely Be Based On Tax Evasion Report Or An Audit Report: Orissa High Court

Live Law  

The Orissa High Court has held that reassessment orders cannot merely be based on a tax evasion report or an audit report.The bench of Justice B.R. Sarangi and Justice G. Satapathy has observed that it is not enough if the Assessing Officer refers to the tax evasion report or an audit report; he has to independently apply his mind and …

S. 125 CrPC | Order For Interim Maintenance Not An Interlocutory Order, Can Be Challenged In Revision: Allahabad High Court
1 year, 3 months ago

S. 125 CrPC | Order For Interim Maintenance Not An Interlocutory Order, Can Be Challenged In Revision: Allahabad High Court

Live Law  

Recently, the Allahabad High Court held that an order of interim maintenance during the pendency of application under Section 125 CrPC is not an interlocutory order and thus, can be challenged before the High Court in revision. and another wherein Allahabad High Court had held that the order passed under Section 125 CrPC granting interim maintenance is an interlocutory order …

Trial Court Not Barred From Granting Maintenance From Date Of Order If Reasons Exist For Doing So: Allahabad High Court
1 year, 10 months ago

Trial Court Not Barred From Granting Maintenance From Date Of Order If Reasons Exist For Doing So: Allahabad High Court

Live Law  

The Allahabad High Court has observed that the Apex Court's ruling in the case of Rajnesh v. Neha and another, 2 SCC 324 has not completely blocked the discretionary power of the trial court in granting maintenance from the date of order in the case there are circumstances and reasons for doing the same.For context, in Rajnesh v. Neha, the …

Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court
2 years, 3 months ago

Section 125 CrPC | Maintenance Must Be Granted From Date Of Filing Of Petition: Kerala High Court

Live Law  

The Kerala High Court recently held that a petitioner under Section 125 CrPC must be granted maintenance from the date of filing of petition and not just date of passing of order.Expressing shock at a Family Court's decision of granting maintenance from the date of order and not from the date of filing of petition, Justice A. Badharudeen said any …

Interim Maintenance Can Be Determined On The Basis Of Husband's Undisputed Valuation Shown By Wife: Gujarat High Court
2 years, 3 months ago

Interim Maintenance Can Be Determined On The Basis Of Husband's Undisputed Valuation Shown By Wife: Gujarat High Court

Live Law  

The Gujarat High Court has observed that the valuation of the husband's economic condition put forth by the wife, if not disputed by the husband, can be taken as a base to determine interim maintenance to the wife. The case in brief The Court observed thus while dealing with a Revision Application filed by one Jayantibhai challenging the order of …

Whether Criminal Revision Petition Maintainable Against Order Granting Interim Maintenance U/s 125 Cr. P.C: Rajasthan HC Examines
2 years, 10 months ago

Whether Criminal Revision Petition Maintainable Against Order Granting Interim Maintenance U/s 125 Cr. P.C: Rajasthan HC Examines

Live Law  

The Rajasthan High Court observed that an order of interim maintenance passed under Sec. In this regard, the court opined that the impugned order dated 27.01.2021, regarding interim maintenance under Section 125 Cr.P.C., is an interlocutory order, hence revision petitions being not maintainable, either under Section 397/401 Cr.P.C. The court considered the question whether the order of interim maintenance passed …

Advocate's Clerks Cannot File Affidavits On Behalf Of Parties On Original Side : Orissa High Court
3 years, 9 months ago

Advocate's Clerks Cannot File Affidavits On Behalf Of Parties On Original Side : Orissa High Court

Live Law  

Reiterating the significance of personal affidavits of parties and their ensuing probative value in smooth administration of justice, the Orissa High Court has held that the practice of Advocate's clerks filing affidavits on behalf of parties is unacceptable. "Given the fact that a clerk has no means of having any personal knowledge or belief with respect to the facts in …

Section125(3) CrPC Mode Of Enforcement Of Right To Maintenance; Its Invocation Against Defaulter Cannot Be Faulted: Allahabad High Court
4 years, 1 month ago

Section125(3) CrPC Mode Of Enforcement Of Right To Maintenance; Its Invocation Against Defaulter Cannot Be Faulted: Allahabad High Court

Live Law  

The Allahabad High Court has held that the liability of a man to maintain his wife, children or parents under Section 125 CrPC is one of "continuing nature" and a Magistrate cannot be faulted for issuing warrant under Section 125 in case of default. being in the nature of continuing liability; accordingly, in case of a default in complying with …

SC Lays Down Guidelines for Payment of Maintenance in Matrimonial Cases
4 years, 4 months ago

SC Lays Down Guidelines for Payment of Maintenance in Matrimonial Cases

News 18  

The Supreme Court Wednesday laid down guidelines for interim compensation and quantum of maintenance in matrimonial cases to ensure uniformity and consistency in practice adopted by different courts. On overlapping jurisdiction, the top court directed that where successive claims for maintenance are made by a party under different statutes, the court would consider an adjustment or set off of the …

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]
4 years, 6 months ago

After Husband's Death, Wife Has Every Right To Claim Maintenance From The Estate Inherited By Father-In-Law: Bombay HC [Read Judgment]

Live Law  

The Bombay High Court has observed that after husband's death, a woman has every right to claim maintenance from the estate inherited by her father-in-law.High Court has dismissed a writ petition filed by a man who challenged an order passed by Family Court, Bandra granting interim maintenance to his widowed daughter-in-law and grandson.Justice Nitin W Sambre observed that as per …

Right To Maintenance: Why High Courts Should follow The Lead Taken By The Delhi High Court
4 years, 9 months ago

Right To Maintenance: Why High Courts Should follow The Lead Taken By The Delhi High Court

Live Law  

Family Courts throughout India have faced issues pertaining to grant of maintenance. However it was in 2015 when the Delhi High Court via its Judgement in Kusum Sharma Vs. Mahinder Kumar Sharma issued directions that affidavits shall be filed by the parties in a format of "Affidavit of assets, income and Expenditure", forming part of the judgement as Annexure 'A'. …

Insist On Income & Assets Affidavit In Matrimonial Cases, Directs P&H HC [Read Judgment]
5 years, 2 months ago

Insist On Income & Assets Affidavit In Matrimonial Cases, Directs P&H HC [Read Judgment]

Live Law  

On Monday, the Punjab and Haryana High Court directed all family courts in the state to insist on affidavit of assets, income & expenditure in all matrimonial cases, to avoid unnecessary burden on wives seeking maintenance. Furnishing of such affidavits would check the practice of playing "hide and seek" game in such cases where an attempt is made by a …

Merely Because Wife Is A Practicing Lawyer And 'Capable Of Earning', Maintenance Can't Be Denied: Delhi HC [Read Order]
5 years, 3 months ago

Merely Because Wife Is A Practicing Lawyer And 'Capable Of Earning', Maintenance Can't Be Denied: Delhi HC [Read Order]

Live Law  

While reiterating the difference between 'capable of earning' and 'actual earning', the Delhi High Court allowed the grant of interim maintenance to a wife under Section 125 CrPC, notwithstanding that she is an Advocate, enrolled with Bar Council of Delhi. The order was passed by Justice Manoj Kumar Ohri in a revision petition, challenging the order of the Family Court …

Even If Wife Waives Off Her Right To Maintenance In Agreement With Husband, Her Statutory Right To Maintenance Under S.125 Of CrPC Can’t Be Bartered: Bombay HC [Read Judgment]
6 years, 2 months ago

Even If Wife Waives Off Her Right To Maintenance In Agreement With Husband, Her Statutory Right To Maintenance Under S.125 Of CrPC Can’t Be Bartered: Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court has held that even when a wife enters into an agreement with her husband waiving off her right to maintenance, her statutory right to maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary.Justice MS Sonak was hearing a writ petition filed …

Even If Wife Waives Off Her Right To Maintenance In Agreement With Husband, Her Statutory Right To Maintenance Under S.125 Of CrPC Can’t Be Bartered: Bombay HC [Read Judgment]
6 years, 2 months ago

Even If Wife Waives Off Her Right To Maintenance In Agreement With Husband, Her Statutory Right To Maintenance Under S.125 Of CrPC Can’t Be Bartered: Bombay HC [Read Judgment]

Live Law  

In a significant judgment, the Bombay High Court has held that even when a wife enters into an agreement with her husband waiving off her right to maintenance, her statutory right to maintenance cannot be bartered, done away with or negatived by the husband by setting up an agreement to the contrary.Justice MS Sonak was hearing a writ petition filed …

Not Mandatory To File Affidavit Of Assets, Income Etc. Along With Petition And Written Statement In Maintenance Proceedings: Delhi HC [Read Order]
7 years, 2 months ago

Not Mandatory To File Affidavit Of Assets, Income Etc. Along With Petition And Written Statement In Maintenance Proceedings: Delhi HC [Read Order]

Live Law  

The Delhi High Court has modified its orders issued on 14 January, 2015 and 29 May, 2017, and has made it non-mandatory to file affidavit of assets, income and expenditure along with the Petition and Written Statements in maintenance proceedings.The Court had, on 14 January, 2015, laid down the guidelines for expeditious hearing and disposal of maintenance applications under Section …

Not Mandatory To File Affidavit Of Assets, Income Etc. Along With Petition And Written Statement In Maintenance Proceedings: Delhi HC [Read Order]
7 years, 2 months ago

Not Mandatory To File Affidavit Of Assets, Income Etc. Along With Petition And Written Statement In Maintenance Proceedings: Delhi HC [Read Order]

Live Law  

The Delhi High Court has modified its orders issued on 14 January, 2015 and 29 May, 2017, and has made it non-mandatory to file affidavit of assets, income and expenditure along with the Petition and Written Statements in maintenance proceedings.The Court had, on 14 January, 2015, laid down the guidelines for expeditious hearing and disposal of maintenance applications under Section …

Full Bench of Bombay HC recalls order directing disciplinary order directing disciplinary action Registry staff stating it as Ultra Vires
10 years, 1 month ago

Full Bench of Bombay HC recalls order directing disciplinary order directing disciplinary action Registry staff stating it as Ultra Vires

Live Law  

In an interesting order, a full bench of the Bombay High Court comprising of three judges -Chief Justice Mohit Shah, Justices P.V.Hardas and V.K.Tahilramani JJ on friday recalled an earlier order dated 28th January in which a Division Bench headed by Justice S.C.Dharmadhikari had ordered disciplinary action against the court's registry staff.The division bench had directed that. In an interesting …

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