A JMFC at West/THC/Delhi held as follows,
Matter is listed for arguments on interim relief application.
Ld. Counsel for petitioner undertakes to file the supporting documents with the income affidavit during course of the day with advance copy to opposite side.
As the petitioner has not supporting documents petition in compliance of judgement of “Rajnesh vs. Neha, Crl. No.730/2020”. In the said judgment, it is clearly mentioned that the calculation of arrears for the maintenance will start from the date of application and not from the date of order. The said direction is given considering the fact that a bonafide and diligent petitioner should not be made to suffer because of delay caused by the respondent. The same in no way favours a party who herself fails to make the compliance. The petitioner has not disclosed her income for the purpose of grant of interim maintenance with the petition. The filing of income affidavit alongwith the petition goes in consonance with the judgment of Hon’ble Supreme Court because if the respondent does not file his income affidavit in time he is anyway at disadvantage because arrears will be given from the date of compliance by the petitioner. The application, without the affidavit, cannot be considered an effective application within the scope of “Rajnesh vs. Neha (Supra) and if not merely a “bunch of paper”, it is definitely not sufficient to grant interim maintenance. For this reason, petitioner cannot be allowed to stack up arrears because of her default as no party can take advantage of their own wrong. Therefore, the date of filing of income affidavit of the petitioner gains importance for the purpose of calculating the arrears. As there is lapse on the part of petitioner in complying the said judgment, it is made clear that arrears for the purpose of interim maintenance shall start from the date of compliance i.e., filing of the income affidavit and not from the date of application seeking interim maintenance.
Let the supporting documents be filed during the course of the day.
Citations:
Other Sources:
Index of Maintenance Order under DV Act is here.
