Back
SHARMILA U. DESHMUKH
Jeevanjyoti Kaur Bansal – Appellant
Versus
Kulvinder Singh Bansal – Respondent
JUDGMENT :
Sharmila U.Deshmukh, J. - Rule. Rule made returnable forthwith and taken up for final hearing with the consent of parties.
2. Challenge in the petitions is to the orders dated 8th December, 2023 passed by the Sessions Court allowing Miscellaneous Application below Exhibit-4 filed in Criminal Appeal No.16 of 2021 and Criminal Appeal No.44 of 2021 and directing the parties to file their affidavits in compliance with the guidelines of the Apex Court in the case of Rajnesh vs. Neha, 2021(2) SCC 324.
3. Office noting indicates that the notices issued to respondent Nos.1 to 4 is not received served or unserved. Learned counsel for the petitioner has tendered the affidavit of service and submits that the respondents have been served by private notice, The affidavit of service is taken on record.
4. Pivotal issue arising for consideration is whether the filing of Affidavit of Disclosure of assets and liabilities as per the directions of the Apex Court in the case of Rajnesh v. Neha (supra) can be directed at the appellate stage challenging the final judgment of trial Court delivered under the Protection of Women from Domestic Violence Act [for short, "the DV Act"].
5. Facts are refer
Affidavit of Disclosure for maintenance is required only at the interim stage, not after final adjudication, as per Apex Court guidelines.
The main legal point established in the judgment is the importance of disclosure of assets and liabilities in maintenance proceedings, as well as the court's authority to direct the filing of specifi....
The court emphasized the necessity of compliance with Supreme Court guidelines for maintenance proceedings, including the filing of affidavits disclosing assets and liabilities.
The Supreme Court's guidelines on affidavit disclosures in maintenance cases apply at both interim and final stages, ensuring that all relevant financial information is disclosed for fair adjudicatio....
Courts can grant maintenance under the Protection of Women from Domestic Violence Act while other maintenance orders exist; proper assessment of the husband's income is essential for determining just....
The court emphasized the mandatory requirement of filing Affidavit of Disclosure of Assets and Liabilities in maintenance proceedings as established in Rajnesh v. Neha.
The obligation of a husband to provide maintenance to his wife is paramount, and proper income disclosure is essential for determining maintenance quantum.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
