Filing Disclosure Affidavits Mandatory Requirement For Deciding Application For Maintenance: Orissa HC
The Orissa High Court has reiterated that filing of the disclosure affidavit in terms of the decision of the Supreme Court in Rajnesh Vrs. Neha and Another is the mandatory requirement for deciding application for maintenance under different provisions of law.
The Court was considering a Revision Petition against an order of the Family Court directing the Petitioner-husband to pay a sum of Rs.10,000/- per month each to wife and son in application U/S. 125 of CrPC.
The single-bench of Justice G. Satapathy observed, "...it appears that neither of the parties has filed the disclosure affidavit as mandated in Rajnesh(supra), but facts remain that the Apex Court in Rajnesh(supra) has issued a slew of directions in the form of guidelines making it mandatory for the Petitioner-Applicant to file disclosure affidavit at the time of bringing a proceeding for maintenance...."
The Petitioner was represented by Advocate A. Mishra while the Respondent was represented by Advocate A. Swain.
Counsel for the Petitioner submitted that admittedly neither of the parties has filed the disclosure affidavit in terms of the decision rendered by the Apex Court in Rajnesh Vrs. Neha and another; (2021) which is the mandatory requirement for deciding application for maintenance under different provisions of law and although the Petitioner-husband has not filed such disclosure affidavit, but it is the mandatory requirement of the law as held in Rajnesh(supra). It was further submitted that since the salary of the Petitioner-husband in the year 2017 was admittedly Rs.10,300/, how he can be directed to pay Rs.20,000/- per month w.e.f 01.12.2017, but the trial Court has committed error in this aspect while passing the impugned order.
On the contrary, Counsel for the Opposite Party submitted that although the parties have not filed disclosure affidavit, but the trial Court has taken relevant materials on record to pass the impugned judgment.
The Court accepted submission of the Counsel for the Petitioner-Applicant and accordingly allowed the Revision Petition.
Cause Title: Nabaghana Sahoo vs. Smruti Prava Sahoo & Another
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