Family Courts may determine maintenance based on existing affidavit and pleadings when the opposite party defaults, ensuring fair assessment of financial capability and needs.

Judgment :

G. Satapathy, J.

1. This revision by the petitioner-wife seeks for enhancement of maintenance from Rs.1,000/- per month as granted to her by the learned Judge, Family Court, Jajpur in the impugned order dated 05.07.2024 in Crl.P. No.04 of 2024.

2. Mr. Maheswar Mohanty, learned counsel for the petitioner by placing the relevant column of the information in the affidavit of asset and liabilities as filed by the petitioner-wife, submits that not only the opposite party-husband is earning a handsome amount by running business of tiffin stall, grocery shop, dairy firm and sweet stall, but also he has got no liability to maintain any other dependents, but ignoring such facts, even though the opposite party- husband has not participated in the proceeding, the learned Judge Family Court, Jajpur has awarded a meager sum of Rs.1,000/- to the petitioner towards her monthly maintenance which in the circumstance appears to be contrary to the law and intention of the legislation. None appears for the opposite party despite valid service of notice against him.

3. After hearing the learned counsel for the petitioner upon perusal of record including the impugned order, it is found that the learned Judge, Family Court, Jajpur has made certain observation in paragraph-6 of the impugned order by granting maintenance for a sum of Rs.1,000/- per month to the petitioner-wife, which reads as under:-

“6. Reiterating and reaffirming her pleadings, the petitioner being examined as PW 1 categorically explains that her marriage was solemnized with the OP and at the time of marriage, the OP was given dowry of Rs.1 lakh, gold ornaments and other house hold articles. He and his family members after five months of such marriage tortured her on demand of more dowry of Rs.50,000/-. One day she was so seriously assaulted that she was treated in the hospital and she lodged FIR. She alleges that she is now living without maintenance and therefore, she claims maintenance from the OP. Regarding quantum maintenance she states that the OP is earning Rs. 1 lakh per annum from 12 acres of landed properties, but though she files disclosure affidavit of assaults and liabilities, she does not furnish the salary particulars or list of landed properties to prove the income of the OP as per her evidence. Therefore, in such facts and circumstances, I deem it just and proper to award Rs.1,000/- towards the petitioner towards her monthly maintenance from the date of filing of the petition.”

4. A perusal of the aforesaid observation as made by the learned Judge, Family Court, Jajpur, it appears that he has not discussed anything with regard to the income of the OP, since none has appeared for the OP, but in the fitness of things and taking into account the affidavit of assets and liabilities, the Court can pass order by making some guess work. Further, in Rajnesh vs. Neha and another ; (2021) 2 SCC 324 , the Apex Court at Paragraph-72.3(c) has observed thus:-

“72.3(c) xx xx xx xx On the failure to file the affidavit within the prescribed time, the Family Court may proceed to decide the application for maintenance on the basis of the affidavit filed by the applicant and the pleadings on record.”

5. In view of the aforesaid facts and circumstances and taking into account the manner in which the application for maintenance of the petitioner has been dealt with, this Court considers that the impugned order is unsustainable in the eye of law and the claim of the petitioner is required to be adjudicated afresh by taking into account the existing materials on record including the affidavit of assets and liabilities as filed by the petitioner.

6. In the result, the revision stands allowed and the impugned orde