In Maintenance Cases, Parties Should Be Directed To File Affidavit Of Disclosure Of Assets & Liabilities: Allahabad HC
The Allahabad High Court observed that it is the duty of a court dealing with matters of maintenance to direct the parties to file an affidavit of disclosure of their assets and liabilities.
The wife had moved an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act) before the trial court on the complaint that she was physically and mentally harassed by her in-laws for want of dowry. The trial court had allowed her application and awarded her maintenance.
The High Court explained that the trial Court completely ignored the guidelines laid down by the Apex Court in Rajnesh v. Neha, 2021 (02) SCC 324 as they were “squarely applicable in respect of pending applications also.” Therefore, it was incumbent upon the trial court to direct the parties to file an affidavit of disclosure of assets and liabilities.
A Single Bench of Justice Mayank Kumar Jain observed, “It seems appropriate to direct that when an application under Section 125 of Cr.P.C or a complaint under Section 12 of D.V. Act or an application under Section 24 of Hindu Marriage Act is filed before the Court concerned, it should by passing a specific order on the order-sheet direct the applicant to file his/her affidavit of disclosure of assets and liabilities in accordance with the guidelines given by the Hon’ble Supreme Court.”
Advocate Arvind Prabodh Dubey represented the applicant, while G.A. Mohd. Naushad Ahmad Khan appeared for the opposite party.
The wife had submitted that as a result of the cruelty caused by her in-laws, she suffered a miscarriage and remained under mental stress. She further claimed that had no source of income for her livelihood and on top of that she was not permitted to live with the in-laws.
Following this, the wife lodged an FIR against her in-laws and husband for offences under Section 498A, 323, 504, and 506 IPC and Sections 3 and 4 Dowry Prohibition Act.
The Court pointed out that the trial court had passed the judgement merely on the basis of averments made by the parties, where the court did not even consider the income of the husband while granting the amount for maintenance.
“Certainly, in the absence of affidavit of disclosure of assets and liabilities of the parties, it is not clear that on what basis the learned Magistrate awarded the amount of maintenance to opposite party no. 2 and her daughter,” the court remarked.
Consequently, the trial court directed the trial court to invite an affidavit of disclosure of assets and liabilities from the parties.
Accordingly, the High Court disposed of the application.
Cause Title: Santosh Kumar Jaiswal v. State of U.P. & Anr. (Neutral Citation: 2024:AHC:43501)
Appearance:
Applicant: Advocates Arvind Prabodh Dubey and Ashok Kumar Giri
Opposite Party: G.A. Mohd. Naushad Ahmad Khan