(An application U/S. 19(4) of the Family Courts Act v. Roshan Mishra

: Mr. S. Pattanaik, Advocate For Opposite Party : Mr. R.N. Parija, Advocate CORAM: JUSTICE G. SATAPATHY F DATE OF HEARING & JUDGMENT:28.01.2025(ORAL) G. Satapathy, J.

This revision petition by the petitioner-wife is directed against impugned judgment dated

02.12.2023 passed in Criminal Proceeding No. 163 of 2019 by which the learned Judge, Family Court, Bhubaneswar has directed the OP-husband to pay a sum of Rs.12,000/- per month to the petitioner-wife towards her maintenance w.e.f. the date of application on 15.07.2019. RPFAM No.6 of 2024

Heard, Mr. Suvashish Pattanaik, learned counsel for the petitioner-wife and Mr. Rudra Narayan Parija, learned counsel for the OP-husband.

It is brought to the notice of the Court that when the application for maintenance U/S. 125 of the CrPC was filed before the Court concerned, the most celebrated judgment in the field of maintenance in Rajnesh vs. Neha and another; (2021) 2 SCC 324 has not been delivered, but at the time of disposal of the case, the said judgment has already been delivered by the Apex Court and, therefore, the learned trial Court should have considered the case of the rival parties in terms of the law laid down by Apex Court in Rajnesh (supra). It is a fact that the judgment in Rajnesh (supra) was delivered on 04.11.2020 and the impugned judgment in this case was passed on 02.12.2023, but the learned trial Court has not afforded opportunities to the parties to file affidavits of disclosure of assets and liabilities in the format prescribed by the decision in Rajnesh (supra).

Admittedly, after passing of the judgment in Rajnesh (supra), guidelines were issued prescribing a RPFAM No.6 of 2024 uniform format of affidavit of disclosure of assets and liabilities to be filed in the maintenance proceeding and such affidavit is to be submitted in all maintenance proceeding including pending proceeding. Since the above issue is not in dispute in this case and the OP- husband has filed such affidavit before this Court in prescribed format and the petitioner-wife having already filed such affidavit before the learned trial Court, it would be just and proper to address the contention of the parties in terms of the law laid down by the Apex Court in Rajnesh (supra). Further, the petitioner-wife in this revision has filed Form-26AS showing income of the OP-husband for the year 2021-22, 2022-23 and 2023-24 and has prayed to take into account these documents while disposing the revision filed for enhancement of maintenance.

In view of the aforesaid developments and taking into account the OP-husband having already filed the disclosure affidavit in this Court and the learned trial Court having not disposed of the case in terms of law laid down by Rajnesh (supra), this Court considers it to be just and proper to remit the matter RPFAM No.6 of 2024 back for fresh disposal of the case in accordance with law and in conformity with the guidelines issued in Rajnesh (supra). Further, the Court must afford opportunities to both the parties to lead fresh evidence, if they desire, but the same has to be produced within six weeks from the date of receipt of copy of this order by the learned trial Court.

In the result, the revision petition stands disposed of and the matter is remitted back to the learned Judge, Family Court, Bhubaneswar for fresh adjudication in terms of the law laid down in Rajnesh (supra). The parties are, however, at liberty to produce the disclosure affidavits, if not produced earlier in prescribed format before the Court concerned within two weeks from the date of receipt of copy of this order by the learned trial Court and complete their evidence within three weeks thereafter. The learned trial Court is, however, requested to dispose of the proceeding within ten weeks from the date of receipt of copy of this order. The learned trial Court shall not be influenced by any of the observations made in this order which has been actually discussed for RPFAM No.6 of 2024 proper implementation of the judgment passed in Rajnesh (supra). (G. Satapathy) Judge Orissa High Court, Cuttack, Dated the 28th day of January, 2025/S.Sasmal Signature Not Verified Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 30-Jan-2025 18:39:43 RPFAM No.6 of 2024