GUWAHATI: The Gauhati High Court hearing the case of maintenance has directed the Family Court to follow the guidelines enumerated by the Supreme Court in the case of Rajnesh vs Neha.
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“Hence, the judgment and order dated 11.07.2023 is set aside with a direction to the trial court to give opportunity to both the parties to submit their respective affidavits disclosing their assets and liabilities and thereafter, to hear the matter afresh and to pass necessary order in accordance with law. The parties are directed to appear before the trial court on or before 02.09.2024 to take necessary instructions from the trial court to further proceed with the case,” said the court.
“By referring the judgement of Aditi @Mithi- vs Jitesh Sharma reported in the (2023) SCC Online SC 1451, learned counsel for the petitioner has pointed out that in the said case, the Hon’ble Supreme Court has held that the guidelines laid down in the case of Rajnesh (supra) has to be followed mandatorily by all the courts while deciding the case of maintenance,” also added the court.
Hence, in the judgement, the court stated, “19 (4) of the Family Courts Act, 1984, the petitioner has prayed for setting aside the impugned Judgment and Order dated 11.07.2023 passed by the learned Principal Judge, Family Court No.2, Kamrup (M) at Guwahati in F.C. (Crl.) Case No. 548/2019 directing the petitioner to pay an amount Rs. 40,000/- per month to the respondent as maintenance allowance from the date of order.”
