Nagesh Sarsaria v. Mamta Chawaria @ Mamta Balmiki

O R D E R

01.04..2024

This is an application under Article 227 of the Constitution challenging the order dated 07.10.2023 passed in petition No.541/2023 in T.S.(M) No.32/2023 whereby the learned Trial Court vide the impugned Page No.# 2/3 order, directed the petitioner herein who was the opposite party in the said proceedings to pay an amount of Rs.5,500/- per month as maintenance pendete-lite and additionally Rs.500/- as ligation expenses per month to the respondent who was the petitioner in those proceedings.

¶2The learned counsel for the petitioner submitted that it is a well settled principle of law as has been held by the Supreme Court in the case of Rejnesh vs. Neha & Another, reported in (2021) 2 SCC 324 that the Court while adjudicating maintenance proceedings has to obtain affidavit disclosing the assets and liabilities of both the parties before passing an order. The learned counsel for the petitioner further referred to the judgment of the Supreme Court in the case of Adity @ Mithi vs. Jitesh Sharma, reported in (2023) SCC OnLine SC 1451 wherein the principles as laid down in the case of Rajnesh (supra) have been followed.

¶3This Court upon hearing the learned counsel for the petitioner has put a specific query as to whether the petitioner who admittedly has not submitted the affidavit disclosing assets and liabilities can raise such plea in a proceedings under Article 227 of the Constitution. More so, when the learned Trial Court while passing the impugned order had categorically also observed that none of the parties have furnished their affidavits of assets and liabilities. The learned counsel for the petitioner submitted with candour that the petitioner herein did not submit the affidavit of assets and liabilities.

¶4Taking into account the above, this Court without interfering with the order dated 07.10.2023, grants the liberty to the petitioner to file a review application before the Trial Court in the line of the law laid down by the Supreme Court in the case of Rajnesh (supra) and Aditi @ Mithi (supra). Page No.# 3/3

¶5It is made clear that if such application is filed, such application can only be entertained if the petitioner herein duly submit the affidavit of assets and liabilities. The learned Trial Court, i.e. the Cour of the Additional District Judge, Jorhat shall then consider such application if filed within 30 days from today.

¶6In view of the above, the instant proceedings stands disposed of.

JUDGE Comparing Assistant

Page No.# 1/3 GAHC010278652023 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : CRP/191/2023 NAGESH SARSARIA S/O- RAJULAL HARIJAN, R/O- LAKSHMI NAGAR, GANESH PATH, GANESHPARA, P.O AND P.S- BHARALUMUKH, GUWAHATI, DIST- KAMRUP (M), ASSAM VERSUS MAMTA CHAWARIA @ MAMTA BALMIKI D/O- RAKESH CHAWARIA, R/O- JORHAT ENGINEERING COLLEGE (JEC) ROAD, GARMUR, VILL- KALYANPUR, NEAR GARMUR HIGH SCHOOL, P.O- JEC, P.S- JORHAT, DIST- JORHAT, ASSAM, For the appellant(s) : Mr. M. H. Laskar, Advocate For the respondent (s) : Mr. S. C. Keyal, Advocate BEFORE HON'BLE MR. JUSTICE DEVASHIS BARUAH