JUDGMENT

Navin Chawla, J. (Oral)--This petition has been filed by the petitioner challenging the order dated 9th May, 2023 passed by the learned Judge, Family Courts, Patiala House Courts, New Delhi (hereinafter referred to as the learned `Family Court') in HMA No. 181/2023, rejecting the prayer of the petitioner to call upon the respondent to file his affidavit of income and assets before the cross-examination of the respondent is concluded by the petitioner.

2. The learned counsel for the petitioner submits that the learned Family Court has erred in not appreciating that in terms of the judgment of the Hon'ble Supreme Court in Rajnish vs. Neha & Anr., 2021(2) SCC 324, it is mandatory for the parties to file their affidavits of income and assets even in pending matters. He submits that the petitioner would have been able to cross-examine the respondent fully only after such affidavit is filed on record, the learned Tribunal, however, has erred in observing that the direction of the Hon'ble Supreme Court would be applicable only in cases where the interim maintenance is to be fixed, and since the same has already been fixed in the present case, the same shall not be applicable.

3.