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2023 Supreme(Chh) 11

RADHAKISHAN AGRAWAL
Ganesh Mirchande S/o. Shri Kapildas – Appellant
Versus
Nileshwari Mirchande W/o. Ganesh Mirchande – Respondent


Advocates Appeared:
For the Petitioner: Mr. Amit Kumar Chaki.
For the Respondents: Mr. Sunil Sahu.

ORDER :

1. By way of this petition, the petitioner – husband is questioning the legality and propriety of the order dated 27.04.2022 passed by the Sessions Judge, Mungeli, District Mungeli, Chhattisgarh in Criminal Revision No.43 of 2021, whereby the learned trial Court has granted interim maintenance to the respondents to the extent of Rs.12,300/- per month.

2. Learned counsel for the petitioner submits that if both the parties agreed to file affidavits of disclosure of assets and liabilities in the light of law laid down in judgment rendered by Hon’ble Supreme Court in case of Rajnesh v. Neha and Another reported in (2021) 2 SCC 324 before the trial Court, he wants to withdraw this petition.

3. Learned counsel for the respondents have no objection in submitting details of assets and liabilities in affidavit before the learned trial Court.

4. In the order impugned, it appears that the learned trial Court has fixed the alleged interim amount of maintenance merely on the basis of averments made in application for grant of interim maintenance and reply of it. The trial Court, however, should have called for the affidavits from both the parties before determining the alleged amount of mai

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