IMPORTANT POINT
Quantum of monthly maintenance – Court must follow Apex Court guidelines.

JUDGMENT :

VIKRAM NATH, J.

1. Leave granted.

2. As per the office report dated 30.10.2023, the respondent had refused to receive notice, hence, the service is deemed to be complete.

3. The appellant-minor daughter of the respondent-father is aggrieved of the order¹ [Dated 28.06.2023 in Criminal Revision No. 4939 of 2022] passed by the High Court² [High Court of Madhya Pradesh at Gwalior] by which the order³ [Dated 30.11.2022] passed by the Family Court⁴ [Family Court, Guna] was modified. The Family Court had fixed maintenance for the appellant Rs. 20,000/- per month, which was reduced to Rs. 7,500/- per month by the High Court.

4. Learned counsel for the appellant submitted that the marriage between the mother of the appellant and the respondent was solemnized in the year 2008. Out of the wedlock a boy and a girl were born. The custody of the boy is with the respondent whereas the appellant is living with the mother. A divorce petition was filed by the respondent-husband in January 2018 before the Family Court. In May 2018 the appellant and her mother-Shikha Sharma filed an application under Section 125 Cr.P.C. before the Family Court. The divorce petition filed by the respondent-husband was allowed by the Family Court on 10.09.2022. Vide order dated 30.11.2022, the Family Court partly allowed the application filed by the appellant and her mother under Section 125 Cr.P.C. and awarded maintenance of Rs. 20,000/- per month for the appellant-minor daughter. The wife was denied any maintenance. The order qua that became final.

5. The High Court vide impugned cryptic order has reduced the amount of maintenance from Rs. 20,000/- to Rs. 7,500/-. Despite service the respondent has not chosen to appear before this Court. He is shirking to take care of the appellant (minor daughter) who is 6-7 years of age at present. Prayer is that the impugned order passed by the High Court be set aside and that the order of the Family Court be restored.

6. We have heard learned counsel for the appellant and perused the paper book.

7. From a perusal of the order passed by the Family Court awarding maintenance of Rs. 20,000/- per month to the appellant (minor daughter), it is evident that the court had considered the material placed before it. However, the High Court in revision, filed against the aforesaid order by the respondent, recorded that earlier the respondent was doing private work and at present he is financially distressed.

8. The manner in which maintenance payable under Section 24 of the Hindu Mariage Act, 1955 or Section 125 Cr.P.C. is to be assessed, was considered by this Court in its celebrated judgment in Rajnesh vs. Neha and Another, (2021) 2 SCC 324. Detailed guidelines were issued. It was noticed that the terms of maintenance are decided on the basis of pleadings of parties and on the basis of some amount of guess work. It is often seen that both the parties submit scanty material and do not disclose correct details. The tendency of the wife is to exaggerate her needs, whereas the husband tends to conceal his actual income. Keeping that in view, this Court laid down the procedure to streamline grant of maintenance. The judgments of various courts were referred to and response from various State Legal Services Authorities was sought. This Court even requested the National Legal Services Authority to submit a report on the suggestions received from the State Legal Services Authorities for framing guidelines on the affidavit of disclosure of assets and liabilities to be filed by the parties. Guidelines were issued in exercise of powers under Article 136 read with Article 142 of the Constitution of India, prescribing a uniform format of Affidavit of Disclosure of Assets and Liabilities to be filed in maintenance proceedings. The judgment was delivered on 04.11.2020. The affidavit was to be submitted in all maintenance proceedings including pending proceedings. The directions given are extracted as under:

“72. Keeping in mind the need for a unifo