Filing Disclosure Affidavits is a necessary step for deciding maintenance applications, according to the Orissa High Court.

The Orissa High Court has emphasized that submitting a disclosure affidavit, as required by the Supreme Court’s ruling in Rajnesh Vrs. Neha and Another, is essential for deciding maintenance applications under various laws. The Court was reviewing a Revision Petition regarding a Family Court order that instructed the Petitioner-husband to pay Rs.10,000 per month to both his wife and son under Section 125 of the CrPC. Justice G. Satapathy noted that neither party had submitted the required disclosure affidavit, despite the Supreme Court’s clear guidelines in Rajnesh that make this submission necessary for maintenance proceedings.

The Petitioner was represented by Advocate A. Mishra, while Advocate A. Swain represented the Respondent. The Petitioner’s counsel pointed out that neither party had filed the disclosure affidavit as mandated by the Supreme Court’s decision in Rajnesh Vrs. Neha and Another (2021). This affidavit is crucial for maintenance applications. The counsel argued that since the Petitioner-husband’s salary in 2017 was only Rs.10,300, it was unreasonable to require him to pay Rs.20,000 per month starting from December 1, 2017. The trial Court made an error in this regard when issuing the contested order.

The Counsel for the Opposite Party argued that even though the parties did not submit a disclosure affidavit, the trial Court considered the necessary materials to make its decision. The Court agreed with the Counsel for the Petitioner-Applicant and approved the Revision Petition.

Cause Title: Nabaghana Sahoo vs. Smruti Prava Sahoo & Another