Cuttack: The Orissa High Court has taken a strong stance against non-compliance with the Supreme Court’s asset disclosure guidelines in maintenance cases. Justice Gourishankar Satapathy expressed dissatisfaction with a Family Court’s failure to adhere to the Supreme Court’s directives, particularly in the landmark Rajnesh vs Neha (2020) ruling.
The case involved a husband earning ₹42,000 per month, who was directed to pay ₹41,000 as maintenance—a decision challenged in the High Court. During proceedings, it was revealed that neither party had submitted mandatory asset disclosure affidavits, as required by the Apex Court’s 2020 ruling.
HC Directs Fresh Adjudication
Justice Satapathy emphasized that lower courts must follow Supreme Court guidelines when explicitly mandated. As the Family Court failed to comply, the case was remitted for fresh disposal, with strict adherence to the Rajnesh vs Neha ruling.
The High Court further directed that:
✔️ The trial court must accept asset disclosure affidavits from both parties
✔️ Both sides must be given an opportunity to present evidence
✔️ The matter must be adjudicated in full compliance with the Supreme Court’s guidelines
The ruling reinforces the importance of procedural compliance in maintenance cases and underscores judicial accountability in upholding Supreme Court directives.
