Lawstreet Journal

Both Parties in Maintenance Cases Shall File Affidavit of Disclosure of Assets and Liabilities: Supreme Court

Lawstreet Journal 5 Nov 2020 11:50pm

Image courtesy: Lawstreet Journal Judiciary Both Parties in Maintenance Cases Shall File Affidavit of Disclosure of Assets and Liabilities: Supreme Court

On Wednesday (4th November, 2020), the Supreme Court laid down guidelines for interim compensation and quantum of maintenance in matrimonial cases to ensure uniformity and consistency in practice adopted by different courts. 

This decision was delivered by a bench of two judges: Justice Indu Malhotra and Justice R Subhash Reddy. They said that directions were required to be passed to overcome the issue of overlapping jurisdiction and avoid conflicting orders.

Guidelines were issued by the apex court on aspects of –Issue of overlapping jurisdiction, payment of interim maintenance, criteria for determining the quantum of maintenance; date from which maintenance is to be awarded and Enforcement / Execution of orders of maintenance.

The Supreme Court directed that where successive claims for maintenance are made by a party under different statutes, an adjustment or set off of the amount awarded in the previous proceeding/s while determining whether any further amount is to be awarded in the subsequent proceeding would be considered by the court.

The bench said, “It is made mandatory for the applicant to disclose the previous proceeding and the orders passed therein, in the subsequent proceeding. If the order passed in the previous proceeding/s requires any modification or variation, it would be required to be done in the same proceeding.” 

The applicant shall disclose the previous maintenance proceeding, and the orders passed thereinin order to avoid conflicting orders in subsequent maintenance proceeding. The bench said that if the order passed in the previous proceeding requires any modification or variation, the party would be required to… Continue Reading...


Tagged: Supreme Court of India  
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