A single judge of Patna High Court held as follows,
From Para 3, (Gold Digger looking for next bakra)
3. The petitioner has alleged that the opposite party/wife is in the habit of duping different young men with the sole motive of earning huge amounts of money after marriage, either by way of alimony or claiming maintenance allowance. Even during the strained relation with the petitioner, the opposite party started to find out another person as a groom to whom she could marry.
From Para 7,
7. The petitioner medically treated her and came to know that the opposite party was suffering from Obsessive Compulsive Disorder (OCD) leading to suicidal tendencies.
From Para 28,
28. While Section 125 proceedings are summary, courts consider conduct and financial disclosures critically. If a wife conceals her actual income or alimony, it may disentitle her as the court relies on bona fide disclosures to decide maintenance amount. Reference in this regard may be made to a Punjab & Haryana High Court case of Jaspreet Singh v. Gurleen Kaur, reported in 2020 SCC OnLine P&H 55
From Paras 29 and 30,
29. On the basis of the discussion made hereinabove, this Court is of the view that before passing a final order of maintenance, the learned Principal Judge, Family Court, Saran at Chapra is under statutory obligation to direct the parties to file affidavits of assets and liabilities. Only on due consideration of such affidavits of assets and liabilities, it will be possible for the Court to consider the status of the parties, their assets, respective needs, capability of earning and on the basis of such documents, Court can come to a conclusive decision with regard to amount of maintenance.
30. In view of such circumstances, this Court does not have any other alternative but to hold that the impugned order suffers from impropriety and illegality in over looking suppression of material facts, income of the parties, their source of income, their assets and liabilities and other similar factors, which are required to be considered for determination of maintenance allowance.
Finally, from Paras 33 and 34,
33. Let a copy of this order be sent to the learned Principal Judge, Family Court, Saran at Chapra for information with a direction that he shall direct both the parties to file their affidavits of assets and liabilities as per the guidelines laid down by the Hon’ble Supreme Court in Rajnish (supara) within four weeks from the date of communication of the order.
34. After receiving the affidavits of assets and liabilities from both the parties, the learned Trial Judge shall dispose of the proceeding under Section 125 of the Cr.P.C. by passing a fresh judgement within four weeks thereafter.
Citations:
Other Sources:
https://indiankanoon.org/doc/10821398/
https://www.casemine.com/judgement/in/68b9b4b3f964826458fefb71
https://www.verdictum.in/court-updates/high-courts/patna-high-court/ravi-prakash-saxena-v-priyanka-rani-patna-high-court-divorce-proceedings-maintenance-section-125-crpc-1590606
Family Law September 2025 | Important Case Law and Judicial Updates
Index of Maintenance Judgments under Section 144 BNSS is here.
