[S.24 HMA] Affidavit Disclosing Assets & Liabilities Not Filed By Parties: Calcutta HC Orders District Court To Decide Alimony Claim Afresh

The judgement of Supreme Court in Rajnesh v. Neha mandates that the Affidavit of Disclosure of Assets and Liabilities shall be filed by both parties in all maintenance proceedings, including pending proceedings before the concerned Family Court / District Court / Magistrates Court throughout the country.

The single judge bench of Justice Sabyasachi Bhattacharyya set aside the order of District Judge, Cooch Behar which granted alimony to the wife of the petitioner at the rate of Rs. 7000/- per month and litigation costs of Rs.5,000/- without considering the fact that no affidavit was filed by the petitioner husband with regard to disclosure of Assets and Liabilities.

It was contended by the petitioner that the said alimony is exorbitant as he is a retired school teacher. It was further argued that court granting alimony has not complied with the norms laid down in Rajnesh v. Neha (2021) 2 SCC 324 as no affidavit was filed by him at any point of time.

The wife had initially sought maintenance of Rs.40,000/- per month stating that the husband has monthly income of Rs.1,25,000/- from his salary and other businesses.

The court observed:

“Although learned counsel for the petitioner is justified in arguing that the proposition laid down in Rajnesh v. Neha has not been observed at all in the present case, on humanitarian consideration and considering that the marriage between the petitioner and the opposite party is still subsisting, it cannot be gainsaid that the petitioner is entitled to get at least some amount of ad hoc alimony from the petitioner-husband.”

The court directed the District Judge, Cooch Behar to re-decide the application for alimony subject to directing the filing of affidavits by both parties in compliance with the proposition laid by the Supreme Court in Rajnesh v. Neha within a period of 6 months.

However, the court held that the petitioner-husband shall goes on paying to the opposite party-wife an amount of Rs.4,000/- per month on an ad hoc basis for maintaining the opposite party-wife, apart from the medical expenses incurred by the wife.

Case Title: Nripendra Chandra Mahanta v. Smt. Pramila Mahanta

Case Citation: 2023 LiveLaw (Cal) 35

Coram: Justice Sabyasachi Bhattacharyya

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