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THE GAUHATI HIGH COURT, (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
SANJEEV KUMAR SHARMA
Bhaben Haloi S/O Late Gobinda Haloi – Appellant
Versus
Jumi Baishya W/O Sri Bhaben Haloi – Respondent
JUDGMENT :
SANJEEV KUMAR SHARMA, J.
1. Heard Mr. P. Deka, learned counsel for the petitioner and also heard Mr. D. Choudhury, learned counsel for the respondent.
2. This Revision is directed against the judgement and order dated C 23.06.2023 passed in F.C. No. 106 /2022 by the learned Principal Judge, Family Court, Nalbari whereby and whereunder the learned Principal Judge, Family Court, Nalbari while allowing the application filed under Section 125 if the Cr.P.C by the respondent directed the petitioner to pay Rs. 6,000/- per month to the respondent towards maintenance allowance from the date for filing the original application under of the Cr.P.C.
3. The brief facts of the case leading to the filing of the application under Section 135 Cr.P.C by the respondent herein are as follows:-
The first party's/(Respondent herein) case, in brief, is that after the death of her former husband she along with her minor daughter aged about 10 years was residing in her father's house. Then the second party/(Petitioner herein) proposed to marry her and promised that he would keep her daughter as his own child and would take care of her overall welfare. The wife of the second party also expired
The court emphasized strict adherence to procedural requirements under Section 125 of the Cr.P.C. for maintenance claims and that failure to submit affidavits of disclosure invalidates maintenance or....
Maintenance under Section 125 Cr.P.C. requires financial disclosure from both parties to ensure just outcomes, and non-compliance does not invalidate previous orders.
The absence of affidavits of assets and liabilities in maintenance proceedings violates Supreme Court guidelines, necessitating their submission for fair assessment.
The court emphasized the necessity of compliance with Supreme Court guidelines for maintenance proceedings, including the filing of affidavits disclosing assets and liabilities.
Non-compliance with mandatory disclosure affidavits in maintenance proceedings necessitates remand for fresh consideration.
The obligation of a husband to provide maintenance to his wife is paramount, and proper income disclosure is essential for determining maintenance quantum.
Maintenance – It is mandatory for Petitioner-Applicant to file disclosure affidavit at the time of bringing proceeding for maintenance.
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