ADITI ALIAS MITHI versus JITESH SHARMA

ADITI ALIAS MITHI versus JITESH SHARMA

The Supreme Court set aside the High Courts cryptic order reducing maintenance because the record did not show compliance with the Rajnesh judgments requirement of affidavits of disclosure and because the High Courts order lacked reasons; the matter is remitted to the High Court for fresh consideration in accordance with the Rajnesh guidelines.

Parties
Appellant (minor Daughter): ADITI ALIAS MITHI; Respondent (father): JITESH SHARMA
Jurisdiction
India
Judgment Date
06 November 2023
Procedural Posture
Criminal Appeal / Judgment on Appeal by the Supreme Court, Appeal Disposed of
Outcome
Impugned High Court order dated 28.06.2023 set aside and matter remitted to the High Court for fresh consideration; appeal disposed of.
Legal Topics
Maintenance Under Section 125 Cr.p.c. and Section 24 Hindu Marriage Act, 1955, Affidavit of Disclosure of Assets and Liabilities, Quantum of Maintenance, Remittal for Fresh Consideration
Family Law Maintenance Criminal Procedure Maintenance Under Section 125 Cr.p.c. and Section 24 Hindu Marriage Act, 1955 Affidavit of Disclosure of Assets and Liabilities Quantum of Maintenance Remittal for Fresh Consideration

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Parties

ADITI ALIAS MITHI

Appellant (minor Daughter)

JITESH SHARMA

Respondent (father)

Procedural Posture

Criminal Appeal / Judgment on Appeal by the Supreme Court, Appeal Disposed of

Legal Issues

  1. 1 Whether the High Court was justified in reducing maintenance from 5,20,000 to 7,500 per month
  2. 2 Whether parties complied with the Rajnesh guidelines by filing affidavits of disclosure of assets and liabilities
  3. 3 Whether the impugned High Court order was cryptic and without reasons warranting setting aside and remittal

Ratio Decidendi

The Supreme Court set aside the High Courts cryptic order reducing maintenance because the record did not show compliance with the Rajnesh judgments requirement of affidavits of disclosure and because the High Courts order lacked reasons; the matter is remitted to the High Court for fresh consideration in accordance with the Rajnesh guidelines.

Court Disposition

Impugned High Court order dated 28.06.2023 set aside and matter remitted to the High Court for fresh consideration; appeal disposed of.

Orders

  • Impugned order of the High Court in Criminal Revision No.4939 of 2022 dated 28.06.2023 is set aside.
  • Matter is remitted to the High Court for fresh consideration in accordance with the guidelines laid down in Rajnesh v. Neha and Another.