The Orissa High Court has expressed strong disapproval of a Family Court’s failure to follow Supreme Court guidelines requiring both parties to disclose their assets in maintenance cases. Justice Gourishankar Satapathy emphasized that lower courts must comply with these mandatory guidelines.
The High Court’s stance came after a husband, earning ₹42,000 monthly, was ordered to pay ₹41,000 in maintenance. The husband’s counsel pointed out that neither party had filed the required asset disclosure affidavits, violating the Supreme Court’s ruling in Rajnesh vs Neha (2020).
The High Court has set aside the Family Court’s order and remanded the case for fresh adjudication, directing that both parties must file financial disclosure affidavits before any maintenance order is passed.
The High Court specified that the trial court must accept the asset disclosure forms from both sides and allow them to present evidence related to those disclosures, adhering to the Supreme Court’s guidelines in Rajnesh (supra).
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