Courts Should Direct Parties To File Affidavits Of Assets & Liabilities Before Granting Maintenance: Patna High Court

The High Court was hearing a criminal revision petition filed by a husband challenging an order of the Family Court, which had directed him to pay monthly maintenance of ₹20,000 to his wife, arguing that the order was passed mechanically, without properly assessing his financial capacity, and in disregard of binding directions requiring affidavits of disclosure.

A Single Judge Bench of Justice Bibek Chaudhuri, while deciding the matter, observed that “…Before passing a final order of maintenance, the learned Principal Judge, Family Court, Saran at Chapra is under statutory obligation to direct the parties to file affidavits of assets and liabilities. Only on due consideration of such affidavits of assets and liabilities, it will be possible for the Court to consider the status of the parties, their assets, respective needs, capability of earning and on the basis of such documents, Court can come to a conclusive decision with regard to amount of maintenance.”

Advocate Amit Mallick appeared for the petitioner, while Advocate Shweta Priya, APP, represented the respondent.

Background

The matter arose after the respondent-wife filed an application under Section 125 of the Code of Criminal Procedure, 1973, seeking maintenance. The Family Court allowed the application and directed the husband to pay ₹20,000 per month, along with litigation expenses.

Challenging the order, the petitioner approached the High Court, arguing that the Family Court had failed to consider his financial condition and that the wife had suppressed material facts, including details about her previous marriage. He further submitted that without affidavits of assets and liabilities from both sides, the Family Court could not have fairly assessed the claim.

Court’s Observations

The Patna High Court observed that the Family Court had overlooked directions laid down by the Supreme Court in Rajnish v. Neha (2021), which mandated filing affidavits of assets and liabilities in maintenance proceedings.

The Bench underscored that affidavits of disclosure are essential to prevent suppression of material facts and to ensure a transparent assessment of the financial position of both parties. The Court further observed that such affidavits enable the Family Court to evaluate the earning capacity, needs, and lifestyle of the parties and to pass a reasoned order based on real circumstances rather than assumptions.

It was therefore observed that the order passed by the Family Court had been rendered unsustainable as it was made without complying with this statutory requirement and without addressing the objections raised by the petitioner.

"In view of such circumstances, this Court does not have any other alternative but to hold that the impugned order suffers from impropriety and illegality in over looking suppression of material facts, income of the parties, their source of income, their assets and liabilities and other similar factors, which are required to be considered for determination of maintenance allowance", the Court concluded.

Conclusion

The Bench set aside the order of the Family Court and directed both parties to file affidavits of assets and liabilities. It further instructed the Family Court to reconsider the matter afresh based on these affidavits and decide the application for maintenance within four weeks thereafter.

Cause Title: Ravi Prakash Saxena v. Priyanka Rani

Appearances

Petitioner: Advocate Amit Mallick

Respondent: Advocate Shweta Priya, APP

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