Maintenance – The High Court has reduced the amount of maintenance from ₹20,000/- to ₹7,500/- – Propriety:
Held: The manner in which maintenance payable u/s. 24 of the Hindu Mariage Act, 1955 or s.125 Cr.P.C. is to be assessed, was considered by the Supreme Court in its celebrated judgment in Rajnesh v. Neha and Another, [2020] 13 SCR 1093: 2020 INSC 631 – The Guidelines were issued in exercise of powers u/Art. 136 r/w. Art. 142 of the Constitution of India, prescribing a uniform format of Affidavit of Disclosure of Assets and Liabilities to be filed in maintenance proceedings – In the instant case, nothing is evident from the record or even pointed out by the counsel for the appellant at the time of hearing that affidavits were filed by both the parties in terms of judgment of this Court in Rajnesh’s case, which was directed to be communicated to all the High Courts for further circulation to all the Judicial Officers for awareness and implementation – The impugned order passed by the High Court is cryptic and is bereft of reasons – The same deserves to be set aside and the matter is liable to be remitted to the High Court for consideration afresh. [Paras 8,14 and 15] LISTS OF CITATIONS AND OTHER REFERENCES
Rajnesh v. Neha and Another, (2021) 2 SCC 324: [2020] 13 SCR 1093 – relied on.
Neha Tyagi v. Lieutenant Colonel Deepak Tyagi, (2022) 3 SCC 86 – referred to.
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As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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