Section 125 CrPC–Affidavits of disclosure of assets and liabilities–Trial Court granted interim maintenance without calling for affidavits of disclosure of assets and liabilities as per directions of Hon’ble Supreme Court–Matter remanded back. — In case titled “Rajnesh vs Neha and Another”, Hon’ble Supreme Court issued directions that affidavit of disclosure of assets and liabilities shall be filed by both parties in all maintenance proceedings, including pending proceedings before Family Court/District Court/Magistrate Court concerned, to enable the Court to make an objective assessment of quantum of interim maintenance. — If there is any dispute with respect to declaration made in affidavit of disclosure, aggrieved party may seek permission of Court to serve interrogatories, and seek production of relevant documents from opposite party under Order 11 CPC–On filing of affidavit, Court may invoke provisions of Order 10 CPC or Section 165 Evidence Act, if it considers it necessary to do so–Income of one party is often not within knowledge of other spouse–Court may invoke Section 106 Evidence Act, if necessary, since the income, assets and liabilities of spouse are within personal knowledge of party concerned.
