A single judge of Allahabad High Court passed the following guidelines in elaboration of Rajnesh Pal Naidu Vs Neha Naidu Joshi and Anr on 04 Nov 2020 and Aditi Sharma Vs Jitesh Sharma on 06 Nov 2023
Parul Tyagi Vs Gaurav Tyagi on 04 Aug 2023G. Guidelines to the Family Courts
87.1 The Family Court Judge shall ensure compliance of the following guidelines in maintenance proceedings:
i) Both parties must submit the Affidavit of Disclosure of Assets and Liabilities as Enclosure-I or II (as applicable), as provided in the Rajnesh Case (supra).
ii) The memo of parties shall include the parties’ current mobile number, email address (if available), and the latest residential and official addresses, particularly if the applicant/respondent is employed.
iii) The memo of parties shall also specifically mention the name of the concerned police station, where the applicant and respondent resides and works (as applicable).
iv) Additionally, the Family Court Judge must ensure that Enclosure-I or II, as applicable, are accompanied by an affidavit from the respondent, containing the following details:
a) Permanent and current address of the respondent.
b) Mobile number of the respondent for communication during the pendency of the petition.
c) Email ID and WhatsApp number, if any.
d) Name and address of the respondent’s employer, along with a telephone number.
e) An undertaking from the respondent to promptly inform the court through an affidavit if there is any changes to his address, mobile number, E-mail ID, WhatsApp number, residential address, workplace, or employer’s name.
87.2 Upon receiving an application for maintenance, the Family Court shall include the following specifics in the initial order:
i) Mandatory requirement of an Affidavit of Disclosure of Assets and Liabilities, as per Enclosure-I & II, whichever is applicable, along with the reply.
ii) The respondent shall be given two opportunities for filing a reply, and the application for interim maintenance shall be decided in less than six months.
iii) The respondent must submit the reply within four weeks.
iv) If the affidavit is not filed within four weeks, the court will proceed based on the applicant’s submission and the existing pleadings to decide the application. If the respondent repeatedly delays in filing the reply with the affidavit, requesting more than two adjournments, the court may exercise its authority to strike off the respondent’s defence, provided it determines that the delays are intentional and obstructive, causing undue disruptions to the proceedings. In such cases, the Family Court may proceed to adjudicate the maintenance application based on the applicant’s submitted affidavit and the existing pleadings.
v) The order shall indicate that false statements in the Affidavit of Disclosure of Assets and Liabilities may lead to proceedings under section 340 Cr.P.C. besides contempt of court. It should also explain the ingredients of section 340 Cr.P.C., the potential criminal prosecution in IPC, and the maximum sentence for such offences, if proved in court.
87.3 The Family Court shall employ all legally permissible methods of serving notices to the respondent, using persuasive measures as may be necessary. The Family Court shall develop practical and effective mechanisms to ensure successful service on the respondent, aligning with the objectives and principles of these guidelines. If the court determines that the Process Server/Postman/Police Officer has submitted a routine, repetitive service report (e.g., citing unclaimed postal articles, locked premises, addressee left the address, or an unknown address), it may hold the officer accountable in accordance with the law. The Family Court may also explore modern methods of service facilitated by internet access, including courier services, email, or instant messaging platforms like WhatsApp and other electronic media. The essence of service lies in ensuring that the proceedings are duly conveyed to the respondents or contesting parties. Service on a litigant can be accomplished through e-mail or phone contact29. Serving notice, summons, and exchange of pleadings, service via e-mail, fax, or commonly used instant messaging services like WhatsApp is considered valid30.
87.4 If either party disputes the information declared in the Affidavit of Disclosure of Assets and Liabilities, the aggrieved party has the right to seek the other party to produce the relevant documents in question31.
87.5 To determine the amount of maintenance, the Family Court Judge shall adhere to the criteria outlined in Part-3 of the Rajnesh Case (supra). In cases where the wife has her own income, this shall not preclude her from being eligible to receive maintenance from her husband. The court must assess whether the wife’s income allows her to sustain a lifestyle commensurate with that of her husband in her matrimonial home32.
87.6 It is assumed that an able-bodied husband is capable of earning enough to support his wife and children. For interim maintenance determination, the minimum wage rates of Uttar Pradesh, as per the latest Government Notification, may serve as a guideline. This is just one of the alternatives that the Family Court Judge may consider when assessing a person who claims to be a labourer with no other income sources, among other pleadings.
88. The interim maintenance order shall contain the ingredients of the third proviso to section 125 Cr.P.C. (added by Act 50 of 2001, effective from 24.9.2001), and Uttar Pradesh State Amendments (upto date) in this regard, in plain language so that the respondent could understand understand the consequences of non-payment of interim maintenance. A table summarizing hearing dates and a brief description of Family Court orders on each date shall also be made part of the order.
89. Both interim and final maintenance orders shall include a table showing the number of orders passed by the Family Court prior to awarding interim and final maintenance, along with brief descriptions of orders passed on each date until the final adjudication of the section 125 Cr.P.C. application. The final maintenance order shall also include a date-wise account of proceedings related to section 125(3) Cr.P.C.
90. In cases involving parties from the Economically Weaker Section, individuals living below the poverty line, or casual labourers, the obligation to submit the Affidavit of Disclosure of Assets and Liabilities would be exempted. The court may demand an EWS/BPL certificate issued by the competent authority, which may be the Office of the Labour Commissioner or the Revenue Authority, as applicable.
91. District Judges shall develop a structural system for regularly assessing and overseeing the performance of family courts within their districts, ensuring the adherence to directives issued by the Supreme Court in Rajnesh Case (supra) and by this Court, in the instant case, this reporting mechanism would serve as a means of accountability, enabling timely interventions by the Constitutional Courts, when necessary. This may encompass routine evaluations, case audits, and feedback mechanisms to gauge the effectiveness and quality of judicial decisions in this context.
92. All District Judges shall convene semi-annual meetings of their respective Family Court Judges to review and evaluate the implementation progress of the guidelines issued by the Supreme Court in Rajnesh Case (supra) and this Court in the instant case. If the guidelines issued to Family Courts are not followed, concerned District Judge shall submit a semi-annual report to the Registrar General of this Court, against the Judicial Officer, who has not complied the guidelines. The Registrar General shall record its finding and present these reports to the respective Administrative Judge of the concerned Judicial Officer for their review and reference. Additionally, a record of these reports shall also be maintained in the service book of the concerned Judicial Officer. The District Judge shall prepare the progress report in the manner as provided in Enclosure-III attached with this judgment.
93. The District Judge along with the Principal Judge, Family Court shall flag the critical issues with respect to service of notice/summons and problems encountered in enforcement of interim maintenance/maintenance orders passed by respective Family Court Judges in the meeting of District Monitoring Committee for Family Courts, and the civil administration shall provide all assistance, as may deem necessary.
94. The District Legal Services Authority, in collaboration and cooperation with the respective District Bar Association, shall arrange awareness and training sessions/ workshops to encourage Bar members to submit pleadings in accordance with Enclosure-I & II.
95. For the sake of convenience, the Enclosures I & II attached to Rajnesh Case (supra) are hereby included as part of this order. Additionally, Enclosure-III is provided for the convenience of all District Judges to prepare the compliance report, in case aforesaid guidelines are not followed.
96. The Registrar (Compliance) of this court shall communicate copy of this judgment to all District Judges for dissemination among all Family Court Judges, and Chief Secretary, Government of Uttar Pradesh to circulate among all District Magistrates and Senior Superintendent of Police, of respective districts. Furthermore, a copy of this judgment shall be published on the websites of all District Courts, Family Courts, and Courts of Judicial Magistrate to facilitate awareness and implementation.
Index of Maintenance cases u/s 144 BNSS (125 CrPC) is here.