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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Nabaghana Sahoo – Appellant
Versus
Smruti Prava Sahoo – Respondent
| Table of Content |
|---|
| 1. judicial review of maintenance order necessitating compliance with procedural requirements. (Para 1) |
| 2. arguments regarding the necessity of disclosure affidavits in maintenance claims. (Para 2) |
| 3. mandatory guidelines from higher courts must be adhered to for maintenance proceedings. (Para 3 , 4) |
| 4. outcome requires remand for fresh disposal reflecting adherence to legal procedure. (Para 5) |
JUDGMENT :
G. Satapathy, J.
1. This Revision is directed against the impugned judgment dated 22.07.2023 passed by learned Judge Family Court, Khurda in Criminal Petition No.431 of 2017 directing the Petitioner- husband to pay a sum of Rs.10,000/- per month each to OP1-wife and OP2-son w.e.f. 01.12.2017 in an application U/S. 125 of CrPC.
2. In the course of hearing, Mr. Ashutosh Mishra, learned counsel for the Petitioner without disputing the facts and relationship between the parties submits that admittedly the monthly salary of the Petitioner is Rs.42,000/-, but he is directed to pay Rs. 41,000/- per month in three different proceedings; firstly, Rs.20,000/- per month in a proceeding U/S.12 of the PWDV Act, secondly, Rs.1,000/- in a proceeding U/S.24 of the Hindu Marriage Act, 195
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.
The obligation of a husband to provide maintenance to his wife is paramount, and proper income disclosure is essential for determining maintenance quantum.
The court emphasized the necessity of compliance with Supreme Court guidelines for maintenance proceedings, including the filing of affidavits disclosing assets and liabilities.
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.
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.
The court emphasized the moral obligation of a husband to maintain his wife and daughter, remanding the case for a fresh order of maintenance in accordance with established guidelines.
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