GUWAHATI: The Gauhati High Court, presided over by Justice Robin Phukan, addressed a petition filed by Ratan Dutta challenging an order dated August 31, 2023, issued by the Principal Judge of Family Court No. 2, Kamrup (M) in Guwahati.
In the petition, Dutta contested the order directing him to pay interim maintenance of ₹5,000 per month to the respondent, Sunita Dutta. The petitioner's counsel, H. Betala, argued that the court had determined the maintenance amount based on the respondent's petition, despite the petitioner's request for an adjournment to file objections.
Betala referred to a recent Supreme Court judgment in the case of Rajnesh vs. Neha & Anr. (2021) 2 SCC 324, highlighting paragraphs 64 and 65, which emphasise the necessity of obtaining affidavits disclosing the assets and liabilities of both parties in maintenance cases. Citing another Supreme Court decision in Aditi Alias Mithi vs. Jitesh Sharma. Betala insisted that the guidelines outlined in Rajnesh's case must be followed by all courts while deciding maintenance cases including interim maintenance
In the order, Justice Phukan noted that neither party had submitted affidavits disclosing their assets and liabilities, as mandated by the Supreme Court. The court set aside the impugned order, terming it manifestly illegal and improperity, and remanded the matter back to the Family Court No. 2.
The Court instructed the parties to file affidavits within one month, as per the Supreme Court guidelines. Any payments made by the petitioner based on the earlier order were directed to be adjusted against the new order on interim maintenance.