The Kerala High Court has instructed all courts in the state handling maintenance cases to strictly adhere to the Supreme Court’s guidelines on awarding maintenance under Section 125 of the Code of Criminal Procedure (CrPC) [1]. This directive comes after the High Court set aside a family court order that failed to follow the Supreme Court’s guidelines.
The Supreme Court’s guidelines, as outlined in the Rajnesh v. Neha case (2021), mandate the filing of affidavits disclosing assets and liabilities in all maintenance cases [1]. This measure aims to prevent exaggeration of needs by wives and concealment of income by husbands.
Key takeaways from the High Court’s ruling include:
- Mandatory affidavits: All courts in Kerala must ensure that parties file affidavits disclosing their assets and liabilities before passing maintenance orders.
- Strict compliance: The High Court directed courts to strictly follow the Supreme Court’s guidelines to maintain fairness and transparency in maintenance cases.
- Fresh consideration: The High Court set aside the interim maintenance order and sent the matter back to the family court for fresh consideration.
The Kerala High Court’s directive aims to bring uniformity and fairness to maintenance cases in the state, ensuring that courts adhere to the Supreme Court’s guidelines.