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Rajnesh Petitioner(S) v. Neha And Another (S).
Factual and Procedural Background
The opinion concerns compliance with maintenance obligations in proceedings between a petitioner-husband and respondent No. 1-wife (and reference to respondent No. 2-son). The petitioner filed an affidavit of compliance dated 4 August 2020 stating that, according to his calculation, arrears of maintenance of Rs. 1,45,000/- up to 11.09.2019 were paid in January 2020, but he had not paid maintenance for the period after 11.09.2019. Counsel for the petitioner stated that Rs. 10,000/- per month was paid towards maintenance of the son up to July 2020, which the wife did not dispute. The matter was being monitored by the Court, with the parties reportedly undergoing counselling through a marriage counselor for reunion.
Legal Issues Presented
The opinion addresses a procedural matter and does not frame distinct legal issues.
Arguments of the Parties
The opinion does not contain a detailed account of the parties' legal arguments.
Table of Precedents Cited
No precedents were cited in the provided opinion.
Court's Reasoning and Analysis
On the basis of the stated non-payment of maintenance to the wife after 11.09.2019 and the existence of a Family Court fixation of maintenance at Rs. 15,000/- per month, the Court directed the petitioner to clear all arrears to date at that rate and to continue paying the same amount during the pendency of the proceedings, subject to further orders. The Court also required a further affidavit of compliance before the next hearing date. Separately, the Court noted the information that the parties were undergoing counselling for reunion and scheduled the matter as part-heard, directing counsel to inform it of the outcome. The Court additionally requested the learned Amicus Curiae to circulate a draft affidavit of disclosure of assets and income within two weeks.
Holding and Implications
DIRECTIONS ISSUED: The petitioner was directed (i) to pay the entire arrears of maintenance to the wife at Rs. 15,000/- per month (as fixed by the Family Court) up to date, (ii) to continue paying Rs. 15,000/- per month during the pendency of the proceedings (subject to further orders), and (iii) to file an affidavit of compliance before the next date of hearing.
The direct effect is that the petitioner must regularize and continue maintenance payments to respondent No. 1-wife as per the Family Court rate and report compliance by affidavit. The matter was posted as part-heard for the week commencing 24 August 2020, with the Court to be informed of the outcome of marriage counselling. The learned Amicus Curiae were requested to circulate a draft affidavit of disclosure of assets and income within two weeks. No broader implications or new precedent are indicated in the provided opinion.
1. An affidavit of compliance has been filed on 4 August, 2020 by the petitioner - husband stating that the arrears of maintenance payable to respondent No. 1 - wife of Rs. 1,45,000/- (Rupees one lakh forty five thousand) till 11.09.2019 [as per his calculation] has been paid by him in January, 2020. The petitioner has, however, not paid any Maintenance for the period after 11.09.2019 onwards.
2. The Counsel for the petitioner has stated that an amount of Rs. 10,000/- per month has been paid towards the maintenance of respondent No. 2 - son till July 2020, which is not disputed by the respondent No. 1 - wife.
3. We direct the petitioner to pay the entire arrears of Maintenance at the rate of Rs. 15,000/- per month as fixed by the Family Court, to the respondent No. 1 - wife to date, and continue to pay the said amount during the pendency of the present proceedings, subject to any further orders that may be passed by this Court.
4. The petitioner is further directed to file an affidavit of compliance of payment of Maintenance before the next date of hearing.
5. We are informed by the Counsel for the petitioner, that the parties are going through a process of counselling by a Marriage Counselor for re-union of the parties.
6. We post the matter as a part heard matter in the week commencing 24 August, 2020. The Counsel will inform us of the outcome of the proceedings before the Marriage Counselor.
7. The learned Amicus Curiae are requested to circulate the draft Affidavit of Disclosure of Assets and Income within a period of two weeks from today.
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