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True Colors of a Vile Wife

Category: High Court of Madhya Pradesh Judgment or Order or Notification

Shailendra Sharma and Ors Vs Indus Residency Pvt Ltd and Ors on 07 Jan 2026

Posted on March 3 by ShadesOfKnife

A single judge of Madhya Pradesh Hugh Court at Jabalpur Bench held as follows,

From Para 8,

8. A police officer cannot directly register a crime for offence under Section 215 B.N.S.S. once the offence is committed in or in relation to a proceeding in the Court. As per Section 379 B.N.S.S., the Court has to cause preliminary enquiry and then can make a complaint in writing. However, in the present case, the Court has not made any enquiry, nor recorded any prima-facie satisfaction and has simply directed the police authorities to carry out an investigation and submit a report before the Court. Though the Court in its discretion could have directed the police authorities to investigate the matter and to furnish report before the Court, but the discretion to register FIR should not have been left at the discretion of the police authorities. It was for the Court to have applied its mind after receiving the preliminary enquiry report of the police authorities.

Shailendra Sharma and Ors Vs Indus Residency Pvt Ltd and Ors on 07 Jan 2026

Citations: [2026:MPHC-JBP:1337]

Other Sources:

 


Index of Perjury judgments is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision BNSS 379 - Procedure in cases mentioned in section 215 Legal Procedure Explained - Interpretation of Statutes Perjury Under 340 CrPC Shailendra Sharma and Ors Vs Indus Residency Pvt Ltd and Ors | Leave a comment

Sumit Raj Shivhare Vs Anushree Gupta Shivhare on 05 Nov 2024

Posted on October 7, 2025 by ShadesOfKnife

A division bench of Madhya Pradesh High Court directed to enhance Maintenance amount at 5% annually.

From Para 21,

(21) So far as the question for grant of interim maintenance to respondent-wife is concerned, an affidavit along with salary slip filed by appellant-husband clearly shows that he is a Software Engineer working in a private Firm, namely, Dassault System Software Solution Private Limited in Pune and getting gross salary of approximately Rs.1,18,875/-per month including other liability. It is averred that respondent- wife is a B. Com, MBA in Retail Business Management and Marketing from MIT College, Pune. From the record, it is found that the learned Family has already awarded maintenance amount to the extent of Rs.25,000/- per month by allowing the application under Section 125 of CrPC to maintain herself and her minor son Aryaman. The same amount of Rs.25,000/- per month awarded by the Family Court is found to be just and proper and, therefore, there is no need to pass separate order for the same.
However, we may add here that the amount of Rs.25,000/- per month shall fetch enhancement every calendar year @ 5% to meet the ends of justice, till it attains finality or altered subsequently in future, in some appropriate proceedings at the instance of parties.

Sumit Raj Shivhare Vs Anushree Gupta Shivhare on 05 Nov 2024

Index of Maintenance Judgments under Sec 144 BNSS is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision BNSS Sec 144 - Order for maintenance of wives children and parents Misinterpretation of Earlier Judgment or Settle Principle of Law or Per Incuriam Sumit Raj Shivhare Vs Anushree Gupta Shivhare | Leave a comment

Anjali Sharma Vs Raman Upadhyay on 16 Jun 2025

Posted on June 25, 2025 by ShadesOfKnife

A single Judge of Madhya Pradesh High Court at Gwalior Bench held that one fundamental right under Constitution must yield to another and, the right to fair trial must yield to right to privacy.

From Paras 11 and 12,

11. In order to achieve its object to simplify the rules of evidence and procedure, Section 14 of the Family Courts Act provides for an exception to the general rule of evidence regarding admissibility of any report, statements, documents, information or matter, which it considers necessary to assist it and to deal with it effectively. Apparently, such a provision is made keeping in view the nature of cases which are dealt with by the Family Courts. Needless to mention here that Section 14 of Family Courts Act is a special legislation and by virtue of this provision, the strict principles of admissibility of evidence as provided under the Evidence Act have been relaxed.
12. A cumulative reading of Section 14 & 20 of the Family Courts Act, takes within its ambit the restricted applications of the provisions of the Evidence Act qua the documentary evidence which includes electronic evidence, whether or not the same is otherwise admissible. The only guiding factor is that the Family Court should be of the opinion that such evidence would assist the Court to deal with the matrimonial dispute effectively. It is the absolute power and authority of the Family Court either to accept or discard particular evidence in finally adjudicating the matrimonial dispute. However, to say that a party would be precluded from placing such documents on record and/or such documents can be refused to be exhibited unless they are proved as per Evidence Act, runs contrary to the object of Section 14 of the Family Courts Act.

From Paras 18 and 19, (No fundamental right under our Constitution is absolute)

18. By reading the dictum of Apex Court in the case of Sharda & Puttaswami (supra), it is evident that right to privacy is recognized as a fundamental right under Article 21 of Constitution, but the same is not an absolute right. In case of necessity, a law can be framed permitting invasion to life and personal liberty. Section 14 of Family Courts Act and Section 122 of Indian Evidence Act are some such statutory provisions which permits invasion to right to privacy. It is worth mentioning here that vires of either of the aforesaid provisions are not under challenge and, therefore, the same have to be deemed as valid, fair and reasonable.
19. Since no fundamental right under our Constitution is absolute, in the event of conflict between two fundamental rights, as in this case, a contest between the right to privacy and the right to fair trial, both of which arise under Article 21 of our Constitution, the right to privacy may have to yield to the right to fair trial. Reference in this regard can be made to the observations of a 5-Judge Constitution Bench decision of Apex Court in Sahara India Real Estate Corporation Limited Vs. Securities and Exchange Board of India reported in (2012)10 SCC 603

From Paras 20 and 21,

20. Reading the law laid down by Apex Court in the case of Sharda, Puttaswamy & Sahara India (supra), it comes out loud and clear that even though right to privacy has been recognized as a fundamental right, the same is not absolute and is subject to exceptions and limitations. While a litigating party certainly has a right to privacy, that right must yield to the right of an opposing party to bring evidence it considers relevant to court, to prove its case. It is a settled concept of fair trial that a litigating party gets a fair chance to bring relevant evidence before court. It is important to appreciate that while the right to privacy is essentially a personal right, the right to fair trial has wider ramifications and impacts public justice, which is a larger cause. The cause of public justice would suffer if the opportunity of fair trial is denied by shutting-out evidence that a litigating party may wish to lead, at the very threshold. Saying otherwise, would negate the specific statutory provision contained in Section 14 of Family Courts Act, which says that evidence would be admissible, whether or not the same is otherwise admissible under Evidence Act.
21. If it were to be held that evidence sought to be adduced before a Family Court should be excluded based on an objection of breach of privacy right then the provisions of Section 14 would be rendered nugatory and dead-letter. It is to be borne in mind that Family Courts have been established to deal with matters that are essentially sensitive, personal disputes relating to dissolution of marriage, restitution of conjugal rights, legitimacy of children, guardianship, custody, and access to minors; which matters, by the very nature of the relationship from which they arise, involve issues that are private, personal and involve intimacies. It is easily foreseeable therefore, that in most cases that come before the Family Court, the evidence sought to be marshaled would relate to the private affairs of the litigating parties. If Section 14 is held not to apply in its full expanse to evidence that impinges on a person’s right to privacy, then not only of Section 14 but the very object of constitution of Family Courts shall be frustrated. Therefore, the test of admissibility would only be the relevance. Accordingly, fundamental considerations of fair trial and public justice would warrant that evidence be received if it is relevant, regardless of how it is collected. The purpose of legislating Section 14 would be frustrated if it is to give way to right of privacy.

From Para 35,

35. In view of the discussion made above, this court is of the opinion that the Legislature, being fully aware of the principals of admissibility of evidence, has enacted Section 14 in order to expand that principle in so far as disputes relating to marriage and family affairs are concerned. The Family Court is thereby freed of restrictions of the strict law of evidence. The only test under Section 14 for a Family Court to receive the evidence, whether collected legitimately or otherwise, is based upon its subjective satisfaction that the evidence would assist it to deal effectually with the dispute.

From Para 38,

38. In view of the discussion made above, it is held that:
(a) the evidence is admissible so long as it is relevant, irrespective of the fact how it is collected. The possible misuse of this rule of evidence, particularly in the context of the right to privacy, can be addressed by prudent exercise of judicial discretion by the Family Court, not at the time of receiving evidence but at the time of using evidence at the stage of adjudication;
(b) merely admitting evidence on record is not proof of a fact-in-issue or a relevant fact. Admitting evidence is not even reliance by the court on such evidence. Admitting evidence is mere inclusion of evidence in record, to be assessed on a comprehensive set of factors, parameters and aspects, in the
discretion of the court;
(c) the test of ‘relevance’ ensures that the right of a party to bring evidence to court, and thereby to a fair trial, is not defeated. What weight is to be given to evidence so brought-in, and whether or not the court ultimately relies upon such evidence for proof of a fact-in-issue or a relevant fact, is always in the discretion of the court.
(d) merely because a court allows evidence to be admitted, does not mean that the person who has illegally collected such evidence is absolved of liability that may arise, whether in civil or criminal law or both;
(e) such evidence must be received and treated with caution and circumspection and to rule-out the possibility of any kind of tampering, the standard of proof applied by a court for the authenticity and accuracy of a such evidence should be more stringent as compared to other evidence;

Anjali Sharma Vs Raman Upadhyay on 16 Jun 2025

Index of Divorce Judgments is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Anjali Sharma Vs Raman Upadhyay BSA Sec 128 - Communications during marriage Catena of Landmark Judgments Referred/Cited to Disagrees with Views of Other High Court Family Courts Act Sec 14 - Application of Indian Evidence Act 1872 Family Courts Act Sec 20 - Act to have overriding effect Illegally Obtained Evidence Admissible As Long As Relevant to Case | Leave a comment

Geetababi Khambra Vs State of MP and Anr on 9 Jan 2024

Posted on December 15, 2024 by ShadesOfKnife

A single bench of MP High Court at Jabalpur, held that absence of specific date and time when the complainant-wife was subjected to the demand of dowry is sufficient to quash Dowry demand allegation.

From Para 6,

6. In the present case, this Court issued notices to the respondent No. 2. The report of the office reflects that the notices were served upon the respondent No. 2 yet respondent No. 2 has not appeared before this Court nor any one has filed any Vakalatnama on behalf of respondent No. 2. It is also undisputed that prosecution was initially launched against the husband of petitioner No. 2 Rahul Gaur who has also expired after lodging of F.I.R. A perusal of F.I.R discloses the allegation against the present petitioners that they used to visit the complainant who was residing at Rachna Nagar  and used to demand Rs.5 lakhs in order to buy a bigger house. F.I.R. discloses that complainant was not residing with the present petitioners and was residing at Rachna Nagar with her husband. According to complainant petitioner No. 3 also used to record conversation and used to humiliate her. It is further mentioned in the F.I.R that the petitioner No. 2 was acting on the instructions of petitioner No. 1. After registration of F.I.R the statement of the complainant and her parents were also recorded. The statement are there on record. Perusal of all the statement reflects that identical allegations have been levelled by all the witnesses. The allegations are not specific. There are no particulars like specific date and time when the complaint was subjected to the demand of dowry. As per complainant own showing the present petitioners were not residing with the present complainant but the complainant made an effort to demonstrate that the present petitioners used to visit her at place. The said particulars have not been disclosed by the complainant in the F.I.R. or there is any disclosure of such particulars in the entire statement of the witnesses.

Geetababi Khambra Vs State of MP and Anr on 9 Jan 2024

Index of Quash judgments is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 482 - Saving of inherent powers of High Court Geetababi Khambra Vs State of MP and Anr IPC 498a - Not Made Out Against Parents or Relatives | Leave a comment

Aarti Vs Kishan Meena on 22 Aug 2024

Posted on September 16, 2024 by ShadesOfKnife

A division bench of Madhya Pradesh High Court at Indore held as follows,

From Para 16,

16. It has also been held in Samar Ghosh (supra) where on facts there has been irretrievable breakdown of marriage, the party opposing the divorce and not letting go the other party free of the matrimonial bond, would be causing mental cruelty to the other party. This makes considerable sense in the Indian context where to reach finality by exhausting the remedy of appeals may take several years. In such situation the party opposing the grant of divorce may, in some cases, be doing so only out of spite, either to harass the other party or prevent it from remarrying or out of sheer cussedness. That may indeed also confirm the allegation that such party had been causing mental cruelty, and was now intent on causing further mental cruelty by opposing the divorce.

From Para 19,

19. Respondent by filing certified copy of impugned judgment and decree in Criminal Case No.2015/2017 under Section 498-A of Indian Penal Code, 1860 and Section 3/4 of Dowry Prohibition Act, 1961 has proved that criminal case was lodged at the behest of appellant / wife in which ultimately appellant, his sister and parents were acquitted by the parties. Learned Court below relying upon the judgment in the case of Vandana Gupta Vs. Ramesh Gupta reported in 2009 (2) MPLJ 214, Madhuri Aaswani Vs. Arjundas Aaswani reported in 2007 (3) MPLJ 550 and Vishwanath Agrawal Vs. Sarla Agrawal reported in AIR 2012 SC 2586 concluded that prosecution of husband and her relatives on the false allegation of demand of dowry comesunder mental cruelty. The findings recorded by the learned Court below are impregnable and infallible.

From Para 21,

21. Learned Court below has recorded the finding that termination of pregnancy without consent of husband also comes under the purview of cruelty. With regard to the aforesaid finding, this Court is of the view that termination of pregnancy may come under the term ‘cruelty’ depending upon the facts and circumstances of the case.

Aarti Vs Kishan Meena on 22 Aug 2024

Index of Divorce Judgments is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged Aarti Vs Kishan Meena Catena of Landmark Judgments Referred/Cited to Divorce granted on Cruelty ground Divorce granted on Desertion ground Divorce Granted to Husband Filing False Criminal Complaints causes Mental Cruelty HM Act - Mental Cruelty Proved HM Act 13 - Divorce Granted to Husband Mental Cruelty | Leave a comment

Shikha Vs Avaneesh Mahodaya on 10 Sep 2024

Posted on September 13, 2024 by ShadesOfKnife

A single judge of MP High Court held as follows,

15. In view of aforesaid analysis in entirety and the law laid down by Hon’ble Apex Court, looking to the income of the husband so also his liabilities and the fact that wife is a well educated lady, she also has her own source of income, this Court is of the considered opinion that the maintenance amount of Rs.60,000/- per month is on the higher side and the same is required to be reduced to Rs.40,000/- per month.

Shikha Vs Avaneesh Mahodaya on 10 Sep 2024

Index of Sec 125 CrPC [Section 144 BNSS] judgements is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Maintenance Reduced Shikha Vs Avaneesh Mahodaya | Leave a comment

Shrikrishna Vs Sunita Bai on 02 May 2024

Posted on May 11, 2024 by ShadesOfKnife

A single judge of MP High Court at Indore bench held as follows,

From Para 13,

13. From the record, it is evident that learned JMFC has passed the order by dismissing the application under Section 125 of Cr.P.C. on the ground that
since the respondent did not get divorce from her earlier husband and without getting divorce she entered into second marriage. Hence, she cannot be
ascertained as a legally wedded wife of the petitioner and she is not entitled for the claim of maintenance.

From Paras 15-18,

15. It is unearthed from the aforesaid provision that an illegitimate child is entitled to get maintenance but an illegitimate wife is not entitled to get maintenance. The intention of legislature is obvious that maintenance can only be granted in favour of legally wedded wife. On this issue the law laid down by the full Bench in the case of Savitaben Somabhai Bhatia vs. State of Gujarat and Ors. reported as 2005 Lawsuit (SC) 466, is also poignant to be pointed out here:
“There may be substance in the plea of learned counsel for the appellant that law operates harshly against the woman who unwittingly gets into relationship with a married man and Section 125 of the Code does not give protection to such woman. This may be an inadequacy in law, which only the legislature can undo. But as the position in law stands presently there is no escape from the conclusion that the expression ‘wife’ as per Section 125 of the Code refers to only legally married wife.“
16. In view of aforesaid settled propositions and provisions of law, it is crystal clear that the wife should be a “legally wedded wife” for claiming maintenance from her husband. A woman, having solemnized second marriage to another person is only entitled to get maintenance from that person, when the first marriage has been declared either null and void or she has obtained a divorce decree from her first husband. The aforesaid view has recently been endorsed by this Court in the cases of Sangeeta Rathore W/o Naresh Rathore Vs. Naresh Rathore, 2023 LawSuit (MP) 470 and Kewal Singh Vs. Durgabai, 2024 LawSuit (MP) 179.
17. In conspectus of the aforesaid settled proposition, in this petition filed under Section 125 Cr.P.C., the term “wife” under Section 125 Cr.P.C. envisages a situation wherein she, having a living spouse, cannot seek maintenance from her second husband without getting divorce from her earlier husband. Nevertheless, this Court finds it unfortunate that many women, specially those belonging to the poorer strata of society, are routinely exploited in this manner, and that legal loopholes allow the offending parties to slip away unscathed and unquestioned. In spite of the social justice factor embedded in Section 125 Cr.P.C., the objective of the provision is frustrated as it fails to arrest the exploitation which it seeks to curb. In the instant case, while the Court sympathizes with the position of the Respondent, it is constrained to deny her maintenance as per the law of the land which stands as of today. However, the Respondent has the liberty to avail other remedies that may be better suited to the facts and circumstances of this case, such as seeking of compensation under Section 22 of the D.V. Act.
18. In the result thereof, the order of the learned Revisional Court awarding the maintenance to the respondent is found against the law and is also suffering from infirmity and illegality. Accordingly, the impugned order of the learned Revisional Court is set aside and the order of learned trial Court dated 06.09.2021 is hereby affirmed.

Shrikrishna Vs Sunita Bai on 02 May 2024

Index of Maintenance cases u/s 125 CrPC is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 125 or BNSS 144 - Women Whose Earlier Marriage Subsists Not Entitled To Maintenance Landmark Case Sandeep Pamarati Shrikrishna Vs Sunita Bai | Leave a comment

Nirman Sagar Vs Monika Sagar Chaudhari and Anr on 01 Apr 2022

Posted on March 12, 2024 by ShadesOfKnife

A single judge of Madhya Pradesh High Court at Gwalior bench held as follows,

From Para 9,

9. Thus, the proceedings under Section 125 of Cr.P.C. may be taken against any person in any district where he or his wife resides or where he last resided with her wife or as the case may be with the mother of the illegitimate child. It is not the case of the respondent no.1 that she resided with the applicant for the last time in Gwalior.Her contention is that Gwalior is her permanent address as her parents are residing there and she occasionally visits her parents and,therefore, the Family Court, Gwalior has a jurisdiction to entertain the application filed under Section 125 of Cr.P.C. The stand taken bythe respondent no.1 cannot be appreciated as the word “resides” cannot be equated with places where flying visits are made. It is not the case of respondent no.1 that at the time of filing of the applicationunder Section 125 of Cr.P.C. she was posted in Gwalior and the Family Court, Gwalior would not lose jurisdiction merely on the ground that subsequently she was transferred, but the case of respondent no.1 is that from the year 2011 onwards she is posted inDelhi. Flying visits to a particular place with a solitary intention to confer jurisdiction would not satisfy the provisions of Section 126 (1)of Cr.P.C.
10. Thus, it is clear that a casual stay or a flying visit to a particular place cannot be treated as a part of the word “reside”.

From Paras 14-15,

14. Thus, it is clear that it is the contention of the respondent no.1 that her daughter is residing with her. Admittedly, respondent no.2, daughter of respondent no.1, is prosecuting her studies in Delhi. Thus, it is clear that both the respondents no.1 and 2 are residing in Delhi where respondent no.1 is serving in Airport Authority of India and is posted as ATC. The respondent no.1 is serving in Delhi from the year 2011. The address which has been shown by them in the cause-title has been given with a solitary intention to give territorial jurisdiction to the Family Court, Gwalior and in fact the Family Court, Gwalior has no territorial jurisdiction to try the application in the light of Section 126 of Cr.P.C.
15. Accordingly, order dated 25/10/2021 passed by the Additional Judge to the Court of Principal Judge, Family Court, Gwalior in case No.234/2019 (new no.367/2021) is hereby set aside. The application filed by the respondents under Section 125 of Cr.P.C. before the Family Court, Gwalior is held to be without jurisdiction. However, liberty is granted to the respondents that if they so desire, they can file an application under Section 125 of Cr.P.C. before the Courts having jurisdiction in the light of Section 126 of Cr.P.C.

Nirman Sagar Vs Monika Sagar Chaudhari and Anr on 01 Apr 2022

Index of Maintenance cases u/s 125 Cr.P.C. is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision CrPC 125 or BNSS 144 - Order for Maintenance of Wives Children and Parents CrPC 126 - Procedure Nirman Sagar Vs Monika Sagar Chaudhari and Anr No Territorial Jurisdiction | Leave a comment

Ashwini Pradhan Vs UOI and Anr on 08 Aug 2023

Posted on February 12, 2024 by ShadesOfKnife

A division bench of Madhya Pradesh High Court at Jabalpur, held as follows,

From Para 19, (Presumption of Legislature is correct)

19. The Hon’ble Supreme Court in the case of J.K. Cotton Spinning and Weaving Mills Co. Ltd. vs. State of U.P., reported in 1960 SCC OnLine SC 16 has held that in the interpretation of the statutes the Court always presumes that the legislature inserted every part thereof for a purpose and the legislative intention is that every part of the statute should have effect. Therefore, a provision of a statute cannot be used to defeat another unless it is impossible to effect reconciliation between them. Hence, the interpretation which involves conflict, must be avoided.

From Para 20,

20. The Hon’ble Supreme Court in the case of Aphali Pharmaceuticals Ltd. v. State of Maharashtra, (1989) 4 SCC 378 has explained the principles of interpretation of statutes. It has been held as follows:
“39. …….The best interpretation is made from the context, ‘Injustum est nisi tota lege inspecta, de una aliqua ejus particula proposita judicare vel respondere’. It is unjust to decide or respond as to any particular part of a law without examining the whole of the law. ‘Interpretare et concordare leges legibus est optimus interpretandi modus’. To interpret and in such a way as to harmonise laws with laws, is the best mode of interpretation…….”

From Para 21,

21. In the case of Grasim Industries Ltd. v. Collector of Customs, reported in (2002) 4 SCC 297, the Hon’ble Supreme Court held as follows:
“10. ………Where the words are clear and there is no obscurity, and there is no ambiguity and the intention of the legislature is clearly conveyed, there is no scope for the court to take upon itself the task of amending or alternating (sic altering) the statutory provisions……”

Note: My intention of adding this case on the website is to make use of the Supreme Court judgments cited in this case, specifically the Grasim Industries Ltd one.

Ashwini Pradhan Vs UOI and Anr on 08 Aug 2023

Index of DV cases is here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Ashwini Pradhan Vs UOI and Anr Law or Body Struck Down as Unconstitutional Legal Procedure Explained - Interpretation of Statutes Legislative Intent must be Respect while Interpreting Statutes PWDV Act Sec 21 - Child Custody Order PWDV Act Sec 31 - Penalty for breach of Protection order by Respondent | Leave a comment

Balram Dixit Vs Kiran Dixit and Anr on 17 Jan 2024

Posted on January 31, 2024 by ShadesOfKnife

A single judge of Madhya Pradesh High Court at Gwalior bench held as follow:

The Supreme Court in case of Rajnesh Vs. Neha (2021) 2 SCC 324 considering the issues relating to grant of interim-maintenance, observed that the maintenance is decided on the basis of pleadings of the parties and some amount of guess work. Both the parties submit scanty material and do not disclose correct details. Keeping that in view, the Supreme Court laid down the procedure to streamline grant of maintenance. These guidelines were laid down in exercise of power under Article 136 read with Article 142 of Constitution of India prescribing a uniform format of Affidavit of Disclosure of Assets and Liabilities to be filed in every proceeding relating to maintenance.
The Supreme Court in case of Aditi alias Mithi versus Jitesh Sharma 2023 SCC Online SC 1451 expressing anguish over noncompliance/ improper compliance of the directions laid down in case of Rajnesh (supra) and directed re-circulation of the judgment for compliance thereof.
The copy of Affidavit of Disclosure of Assets and Liabilities submitted by Balram Dixit and Kiran Dixit show that most of the entries are filled cursorily without providing requisite particulars. Consequently, learned Principal Judge could not consider availability of source of income with the parties and their standard of living before the matrimonial discord. Non-compliance with the guidelines in its true spirit and substance is not acceptable.
In view of the above, the impugned order dated 08.02.2023 is set aside with the direction that both the parties shall submit fresh Affidavits of Disclosure of Assets and Liabilities with complete particulars in compliance with the directions of the Supreme Court laid down in case of Rajnesh (supra). Learned Additional Judge to the Principal Judge, Family Court, Gwalior shall ensure strict compliance with the guidelines. If any of the affidavit is lacking in requisite particulars, learned Judge shall demand relevant particulars from concerned party. This exercise shall be completed within 15 days. If any of the parties fails to comply with the directions, appropriate action with regard to non-compliance may be taken against such party. Learned Principal Judge on consideration of the affidavits and material on record, pass an order afresh on application for interim-maintenance.

Balram Dixit Vs Kiran Dixit and Anr on 17 Jan 2024

Index of Maintenance cases here.

Posted in High Court of Madhya Pradesh Judgment or Order or Notification | Tagged 1-Judge Bench Decision Balram Dixit Vs Kiran Dixit and Anr Not followed Guidelines in Rajnesh Vs Neha Judgment | Leave a comment

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22 Jun

చీఫ్ మినిస్టర్.. టీచర్ అయిన వేళ

అంగన్వాడీ కేంద్రాన్ని సందర్శించిన సీఎం చంద్రబాబు కాసేపు టీచర్‌గా మారి, పిల్లల అభ్యసనం ఎలా ఉందో తెలుసుకున్నారు. ఇంగ్లీష్ ఆల్ఫాబెట్స్ చెప్పమని సీఎం అడిగేసరికి పిల్లలు చక్కగా చెప్పారు.
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jaynitx Jaynit @jaynitx ·
22 Jun

Marc Andreessen went on Chris Williamson's podcast and broke down exactly how Elon Musk runs multiple companies at once

No other CEO on Earth does this:

1. Every week, Musk shows up at each of his companies, identifies the single biggest problem that company is having that

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