Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maintenance |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Issue for consideration:The appellant-minor daughter of the respondent-father is aggrievedof the order passed by the High Court by which the maintenancefor the appellant ₹ 20,000/- per month, was reduced to ₹7,500/-per month by the High Court.Maintenance – The High Court has reduced the amount ofmaintenance from ₹20,000/- to ₹7,500/- – Propriety:Held: The manner in which maintenance payable u/s. 24 of theHindu Mariage Act, 1955 or s.125 Cr.P.C. is to be assessed, wasconsidered by the Supreme Court in its celebrated judgment inRajnesh v. Neha and Another, [2020] 13 SCR 1093: 2020 INSC631 – The Guidelines were issued in exercise of powers u/Art.136 r/w. Art. 142 of the Constitution of India, prescribing a uniformformat of Affidavit of Disclosure of Assets and Liabilities to befiled in maintenance proceedings – In the instant case, nothing isevident from the record or even pointed out by the counsel for theappellant at the time of hearing that affidavits were filed by boththe parties in terms of judgment of this Court in Rajnesh’s case,which was directed to be communicated to all the High Courtsfor further circulation to all the Judicial Officers for awarenessand implementation – The impugned order passed by the HighCourt is cryptic and is bereft of reasons – The same deserves tobe set aside and the matter is liable to be remitted to the HighCourt for consideration afresh. [Paras 8,14 and 15] |
Judge | Hon'ble Mr. Justice Rajesh Bindal |
Neutral Citation | 2023 INSC 981 |
Petitioner | Aditi Alias Mithi |
Respondent | Jitesh Sharma |
SCR | [2023] 14 S.C.R. 247 |
Judgement Date | 2023-11-06 |
Case Number | 3446 |
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