In its verdict dated March 1, 2024, the Jharkhand High Court has ordered a maintenance case to be sent back to the Family Court due to the issuance of an ex-parte order without the wife’s submission of an income affidavit. A single judge bench emphasized that despite the unilateral nature of the order, it is mandatory for both parties to file the ‘Affidavit of Disclosure of Assets and Liabilities’ in all maintenance proceedings, as directed by the Supreme Court in the Rajnesh V Neha case.
Background: The wife initiated maintenance proceedings under Section 125 CrPC at the Family Court, Ramgarh, in 2020. In February 2022, the learned Principal District Judge-cum-Family Judge, Ramgarh, issued an ex-parte order against the petitioner husband, directing him to pay Rs 5,000 per month to his wife and Rs 1,000 per month to his minor daughter until her marriage or employment. The husband was required to make this payment by the 10th of each succeeding month. The husband has challenged this Family Court order in the High Court.
Husband’s Claims: The husband argued that the order was issued without his knowledge, presuming his monthly income to be between Rs 25,000 and Rs 30,000. He informed the High Court that despite being a B.Tech graduate, he was currently unemployed.
Wife’s Position: The wife’s counsel contended that the petitioner deliberately refrained from participating in the proceedings at the Family Court. Additionally, the counsel highlighted that the maintenance amount awarded to the wife was nominal.
Observations by Jharkhand High Court: Upon scrutinizing the evidence on record, Justice Anubha Rawat Choudhary, presiding as a single bench judge, observed the absence of income affidavits from both parties in the Family Court proceedings. Justice Choudhary commented:
In the present case, even if the proceeding was ex-parte against the petitioner still the required affidavit was to be filed by the wife so as to find out her assets/liabilities/source of income etc.
This Court is of the considered view that the matter requires fresh consideration by the Court of learned Principal District Judge- cum- Family Judge, Ramgarh after complying with the directions issued by the Hon’ble Supreme Court in the case of “Rajnesh v. Neha” (Supra).
As a result, the case was sent back to the Family Court, with directives for both parties to present themselves on March 18, 2024, along with their respective affidavits, before the esteemed Court of the Principal District Judge, who also serves as the Family Judge in Ramgarh. The Family Court received instructions to issue a fresh order within three months, while the husband was mandated to persist in fulfilling the ongoing maintenance payments until the previous order underwent modification. Consequently, the criminal revision petition was settled.
