In Maintenance Cases, Parties Must Disclose Assets & Liabilities: Allahabad HC
The Allahabad High Court emphasized that courts handling maintenance matters should require parties to submit affidavits disclosing their assets and liabilities. This directive came in response to a case where a wife alleged domestic violence and sought maintenance under the Protection of Women from Domestic Violence Act, 2005.
The court noted that the trial court overlooked guidelines from the Supreme Court, as outlined in Rajnesh v. Neha (2021), applicable even to pending applications. Justice Mayank Kumar Jain highlighted the necessity for courts to order the submission of asset and liability affidavits when applications under various laws, including the Hindu Marriage Act, are filed.
Advocate Arvind Prabodh Dubey represented the applicant, while G.A. Mohd. Naushad Ahmad Khan represented the opposite party. The wife alleged mistreatment by her in-laws, leading to a miscarriage and mental distress. She lacked independent income and was denied residency with her in-laws.
The wife filed an FIR against her in-laws and husband under various sections of the IPC and Dowry Prohibition Act. The court criticized the trial court’s judgment for not considering the husband’s income while awarding maintenance, solely relying on party statements.
Consequently, the High Court directed the trial court to obtain affidavits disclosing assets and liabilities from both parties. The case was disposed of accordingly.
**Case Details:
Title: Santosh Kumar Jaiswal v. State of U.P. & Anr. (Neutral Citation: 2024:AHC:43501)
Legal Representation:
Applicant: Advocates Arvind Prabodh Dubey and Ashok Kumar Giri
Opposite Party: G.A. Mohd. Naushad Ahmad Khan
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