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2023 Supreme(P&H) 1486

TRIBHUVAN DAHIYA
Gurmeet Kaur – Appellant
Versus
Simranjit Singh – Respondent


Advocates appeared:
For the Parties : Mr. M.S. Sachdeva, Mr. Simranjit Singh

Table of Content
1. details of maintenance application proceedings. (Para 1 , 2 , 3)
2. arguments on exemption from affidavit. (Para 4 , 5)
3. court's analysis of ews exemption. (Para 6 , 7 , 8 , 9 , 10 , 11)
4. conclusion on exemption claim not valid. (Para 12 , 13 , 14)

Judgment

Mr. Tribhuvan Dahiya, J.

This petition has been filed for setting aside the order dated 18.08.2021 (Annexure P-6) passed by the Family Court, Ludhiana, camp at Samrala, in maintenance application under Section 125 Cr.P.C. instituted by the petitioners, who are wife and minor daughter of the respondent, wherein wife’s application seeking exemption from filing the affidavit of ‘assets and liabilities’ has been dismissed.

Background

2. Briefly, the facts apparent on record are:

(i) The petitioners filed an application claiming maintenance under Section 125 Cr.P.C. before the Family Court on 29.08.2012. During pendency of the proceedings, the Family Court vide order dated 20.05.2013 granted interim maintenance of Rs. 3,000 per month to each of the petitioners. The amount of interim maintenance granted to the petitioner/wife was to be adjusted against monthly maintenance of Rs. 15,000 granted to her under the Protect

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