Indore (Madhya Pradesh): Passing a significant order in a maintenance case, the family court of Indore, presided over by Third Additional Principal Judge Tajinder Singh Ajwani, directed both husband and wife to submit complete details of their income and properties along with revised documents wherever required.
The court observed that during the proceedings, the couple had failed to disclose their full financial details and had even concealed certain information.
Citing the Supreme Court’s landmark ruling in Rajnesh vs. Neha & Anr., judge Ajwani emphasized that affidavits filed in maintenance proceedings must strictly adhere to the guidelines issued by the apex court.
The order clarified that if either party deliberately filed false or incomplete information in affidavits, not only could action be taken under Section 340 of the CrPC, but contempt of court proceedings might also be initiated.
The court further instructed that copies of the order be sent to the District Bar Association, High Court Bar Association and the secretary of the District Legal Services Authority to ensure proper compliance with the affidavit guidelines.
Judge Ajwani underlined that presenting incomplete or false disclosures in maintenance cases hampered the justice delivery system, especially when the rights of women and children under Section 125 CrPC were at stake.
The order also noted that although the Supreme Court had mandated the filing of detailed affidavits in maintenance matters nationwide in 2021, parties were still failing to provide full and truthful disclosures even after five years. The judge warned that any deliberate misrepresentation would invite not just penal consequences but also potential criminal liability.
By enforcing this direction, the family court aims to ensure that both husband and wife approach the court with “clean hands,” allowing for a transparent assessment of their earning capacity. This, the judge observed, would help expedite proceedings and ensure fair and timely relief in maintenance matters, said Priti Mehna, family court advocate.
