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KAUSER EDAPPAGATH
Ratheesh. S. S/o G. surendran – Appellant
Versus
Sreelekshmi. S. D/o Sreedeviamma – Respondent
JUDGMENT :
This Original Petition has been filed challenging the interim order of maintenance passed by the Family Court, Kollam, in a proceeding under Section 125 of the Criminal Procedure Code (for short, Cr.P.C.).
2. The petitioner is the husband of the 1 st respondent and the father of the 2 nd respondent. The marriage and paternity are not in dispute. The respondents filed a petition for maintenance as M. C. No.115/2019 before the Family Court, Kollam against the petitioner. They also filed an application for interim maintenance as Crl.M.P. No.295/2019. The Family Court, after hearing both sides, granted interim monthly maintenance of Rs.5,000/- (Rupees Five thousand only) each to respondents 1 and 2. The said order is under challenge in this Original Petition.
3. I have heard the learned counsel for the petitioner, Adv. R. Kishore and the learned counsel for respondents 1 and 2, Adv. Binu George.
4. The learned counsel for the petitioner submitted that the impugned order is not sustainable for non- compliance with the specific direction of the Supreme Court in Rajnesh v. Neha and Another [(2021) 2 SCC 324] regarding the requirement of the parties in a proceeding under
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 absence of affidavits of assets and liabilities in maintenance proceedings violates Supreme Court guidelines, necessitating their submission for fair assessment.
Non-compliance with mandatory disclosure affidavits in maintenance proceedings necessitates remand for fresh consideration.
Maintenance – It is mandatory for Petitioner-Applicant to file disclosure affidavit at the time of bringing proceeding for maintenance.
Hon’ble Supreme Court has been pleased to hold that with regard to payment of interim maintenance, affidavits of Disclosure of Assets and Liabilities annexed as Annexures I, II and III alongwith judg....
The court emphasized the necessity of compliance with Supreme Court guidelines for maintenance proceedings, including the filing of affidavits disclosing assets and liabilities.
Affidavit of Disclosure for maintenance is required only at the interim stage, not after final adjudication, as per Apex Court guidelines.
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....
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