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.

JUDGMENT :

Ram Manohar Narayan Mishra, J.

1. Instant Criminal Revision has been preferred against the judgment and order dated 09.05.2023 passed by learned Additional Principal Judge Family Court, Amroha in Maintenance Case No.326 of 2021 under Section 125 Cr.P.C., P.S. Rajatpur, District Amroha. By the impugned order learned court below has awarded maintenance to the applicant Smt. Shalini from the date of filing of application dated 15.04.2021 to the date of judgment at the rate of Rs.8,000/- and thereafter at the rate of Rs.15,000/- per month. It is also directed in the impugned order that maintenance will be the payable on 10 of each calendar month. Original applicant is directed to furnish her bank account so that the respondents may deposit the amount of maintenance in the bank account directed. It is also clarified in the impugned Judgment that any amount obtained by the applicant as maintenance from any court shall be liable to be adjusted towards maintenance in the judgment.

2. Heard learned counsel for the revisionist, leaned counsel for the respondent No.2 and learned A.G.A. for the State-respondent and perused the material on record.

From perusal of record it appears that during the pendency of present revision this Court vide order dated 12.10.2023 directed the revisionist and respondent No.2 to file their respective affidavits regarding disclosure of the assets and liabilities in the proforma prescribed in the judgment of Hon’ble Supreme Court inRajnesh Vs. Neha and another, 2021 (1) JIC 1 (SC).

3. The revisionist has filed an affidavit of disclosure of assets and liabilities through the supplementary affidavit dated 24.04.2024. The respondent No.2 has also filed her affidavit of disclosure of assets and liabilities on 05.11.2023. This Court on 09.07.2024 passed an order, which is reproduced as under:-

“Learned counsel for opposite party no.2 has stated that the maintenance awarded in favour of the wife has not been paid by the husband, who is in arrears of approximately Rs.4,50,000/-.

Let the arrears of maintenance be cleared positively before the next of haring.

Further, the revisionist husband is directed to file his salary slip.

Put up this case on 7th August, 2024, as fresh.”

4. Revisionist has assailed this order before Hon’ble Supreme Court, by way of SLP (Special Leave Petition) which was registered as Diary No. S 34992/2024. Hon’ble Supreme Court disposed of said SLP vide order dated 08.11.2024 with following observations:-

“We dispose of this Special Leave Petition by giving liberty to the petitioner herein either in seeking modification of the impugned order or for seeking early disposal of the revision petition.

It is needless to observe that if such a request is made by the petitioner herein, the same shall be considered expeditiousness and in accordance with law.

Pending applications, if any, shall stands disposed of.”

5. Now at this stage parties are agreed with the revision may be disposed of on merits after hearing the submissions of respective parties.

6. Learned counsel for the revisionist submits that this is admitted fact that learned court below decided the maintenance application filed by respondent No.2 without complying the directions of Hon’ble Supreme Court in Rajnesh Vs. Neha and another (supra) wherein it is directed that the party claiming maintenance either as a spouse, or as a partner in a civil union, live-in relationship, common law marriage, should be required to file a concise application for interim maintenance with limited pleadings, alongwith an Affidavit of Disclosure of Assets and Liabilities before the concerned court, as a mandatory requirement.

7. On the basis of the pleadings filed by both parties and the Affidavits of Disclosure, the Court would be in a position to make an objective assessment of the approximate amount to be awarded towards maintenance at the interim stage.

(a) The Affidavit of Disclosure of Assets and Liabilities annexed at Enclosures I, II and III of this judgment,