Setting aside a lower court order and issuing direction for fresh adjudication, the Orissa High Court has asked the Khurda Family Court to seek income and property disclosure affidavits from the estranged couple.
High Court Of Orissa
Setting aside a lower court order and issuing direction for fresh adjudication, the Orissa High Court has asked the Khurda Family Court to seek income and property disclosure affidavits from the estranged couple.
The lower court had earlier in 2023 asked a man to pay Rs 10,000 each as maintenance to his estranged wife and son in alimony litigation.
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Neither of the parties has filed the disclosure affidavit as mandated. The Apex Court in 2021 issued a slew of directions in the form of guidelines making it mandatory for the Petitioner-Applicant to file a disclosure affidavit at the time of bringing a proceeding for maintenance, the Single Bench of Justice G Satapathy ordered recently.
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In the result, the revision stands allowed and the impugned judgment passed by Judge Family Court, Khurda is hereby set aside. The matter is remitted back for fresh disposal in accordance with law.
It is, however, made clear that the trial Court while adjudicating the matter afresh may receive the disclosure affidavits from the parties and provide opportunity to lead evidence on the very aspect of the disclosure affidavits by taking into consideration the mandatory guidelines of the Apex Court, the judgment concluded.
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