NEW DELHI: The Supreme Court has ordered for re-circulation of 2021 judgement on guidelines for maintenance as it found that the detailed guidelines prescribed including filing of affidavit on disclosure of assets and liabilities of the parties were not being adhered to.
A bench of Justices Vikram Nath and Rajesh Bindal said even after pronouncement of the judgment, this court is still coming across number of cases decided by the courts below fixing maintenance, either interim or final, without their being any affidavit on record filed by the parties.
A detailed guidelines was laid down in the case of 'Rajnesh v Neha and Another' (2021).
"We deem it appropriate to direct the Secretary General of this court to re-circulate the judgment not only to all the judicial officers through the High Courts concerned but also to the National Judicial Academy and the State Judicial Academies, to be taken note of during the training programmes as well," the bench said.
The top court set aside the Madhya Pradesh High Court's order, which reduced monthly maintenance amount of Rs 20,000 fixed by the trial court for the minor daughter to Rs 7,500.
"In a given case, where the earning of the wife is also good, that factor can always be considered as joint parenting is always best for upbringing of the child. The basic object is the welfare of the child," the bench said.
However, the top court noted, the High Court's order is cryptic and is bereft of reasons, which deserves to be set aside.
Acting on an appeal by the minor daughter, the bench remitted back the matter for fresh consideration.
The bench said, in the case, there was no record that affidavits were filed by both the parties in terms of judgment of this Court (2021) in Rajnesh’s case.
"The case in hand is not in isolation," the bench said, adding the litigation which should close at the trial level is taken up to this Court and the parties are forced to litigate.
The bench also pointed out in the 2021 judgement, comprehensive guidelines were issued pertaining to overlapping jurisdiction among courts when concurrent remedies for grant of maintenance are available under the Special Marriage Act, 1954, Section 125 CrPC, the Protection of Women from Domestic Violence Act, 2005, Hindu Marriage Act, 1955 and Hindu Adoptions and Maintenance Act, 1956, and Criteria for determining quantum of maintenance, date from which maintenance is to be awarded, enforcement of orders of maintenance including fixing payment of interim maintenance.
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