The Telangana High Court has underscored that the determination of maintenance claims necessitates the submission of affidavits by both parties, elucidating their respective financial positions. Any adjudicatory order rendered in the absence of such affidavits is susceptible to nullification.
“As per the directions of the Hon’ble Apex Court, while granting maintenance, the trial Court shall receive the affidavits containing assets and liabilities of both the parties and basing on the same, the trial Court shall decide whether maintenance should be awarded or not. In the present case, the trial Court did not follow the guidelines of the Hon’ble Apex Court. Therefore, the impugned order dated 11.08.2022 is liable to be set aside.”
Justice G. Anupama Chakravarty, presently serving at the Patna High Court, presided over a case involving a Quash petition seeking the annulment of a trial court’s interim maintenance order amounting to INR 50,000. The petitioner, the husband, disputed the veracity of the allegations made by his wife, contending that her occupation as an assistant professor rendered her financially self-sufficient and ineligible for maintenance.
In response, the wife asserted instances of dowry harassment by her husband and mother-in-law, substantiating her claims with financial contributions made towards gold. Escalating circumstances compelled her to relocate to her parental residence, and she subsequently sought maintenance from the Trial Court, emphasizing the petitioner’s purported financial capacity as a high-ranking professional earning a monthly salary of INR 1,20,000.
Justice Chakravarty noted a deficiency in the submission of affidavits disclosing the financial assets of both parties, a procedural requirement underscored in the Supreme Court’s decision in Rajnesh v. Neha. Consequently, the High Court rendered the trial court’s order null and void.
“The trial Court, after receiving the affidavits of both the parties with respect to their assets and liabilities, shall consider the said documents and pass appropriate orders within a period of one (01) month from the date of receipt of a copy of this order.”