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PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
SUMEET GOEL
Sita Ram – Appellant
Versus
Lalita Rani – Respondent
JUDGMENT :
Sumeet Goel, J.
The instant petition is directed against the order dated 06.06.2022 passed by Additional Principal Judge, Family Court, Panipat, Haryana whereby the petition filed by the respondent No.1-wife (herein) under Section 125 of Cr.P.C., 1973 for grant of maintenance was allowed as follows:
"7. Keeping in view the above discussion it is held that petitioners are entitled for maintenance to the tune of Rs.18,000/- per month, which the respondent is liable to pay from the date of filing the present application till expenses to the tune of Rs.8,000/-. Copy of this order be given to the petitioner, free of cost as envisaged under Section 128 Cr.P.C. The application stands partly allowed accordingly."
2. Learned counsel for the petitioner has iterated that the learned Family Court has committed grave illegality while passing the impugned order and the same is totally contrary to the facts as also the ITR certificates produced by the petitioner-husband. It has been further iterated that the Family Court has erred in failing to consider the statements recorded on 10.03.2022, wherein both the parties voluntarily agreed to an amicable settlement in which it has been explicit
The absence of affidavits of assets and liabilities in maintenance proceedings violates Supreme Court guidelines, necessitating their submission for fair assessment.
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....
The court emphasized the mandatory requirement of filing Affidavit of Disclosure of Assets and Liabilities in maintenance proceedings as established in Rajnesh v. Neha.
Interim maintenance is provisional and based on estimations, requiring financial disclosures to ensure fair assessment and prevent misrepresentation.
The court emphasized the necessity of compliance with Supreme Court guidelines for maintenance proceedings, including the filing of affidavits disclosing assets and liabilities.
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 obligation of a husband to provide maintenance to his wife is paramount, and proper income disclosure is essential for determining maintenance quantum.
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