ADITI ALIAS MITHIversusJITESH SHARMA

                 [2023] 14 S.C.R. 247 : 2023 INSC 981



                            CASE DETAILS

                          ADITI ALIAS MITHI
                                     v.
                            JITESH SHARMA
                 (Criminal Appeal No(S). 3446 of 2023)
                          NOVEMBER 06, 2023
          [VIKRAM NATH AND RAJESH BINDAL, JJ.]

                             HEADNOTES

      Issue for consideration: The appellant-minor daughter of the
respondent-father is aggrieved of the order passed by the High Court by
which the maintenance for the appellant ₹ 20,000/- per month, was reduced
to ₹7,500/- per month by the High Court.
    Maintenance – The High Court has reduced the amount of
maintenance from ₹20,000/- to ₹7,500/- – Propriety:
      Held: The manner in which maintenance payable u/s. 24 of the Hindu
Mariage Act, 1955 or s.125 Cr.P.C. is to be assessed, was considered by
the Supreme Court in its celebrated judgment in Rajnesh v. Neha and
Another, [2020] 13 SCR 1093: 2020 INSC 631 – The Guidelines were
issued in exercise of powers u/Art. 136 r/w. Art. 142 of the Constitution
of India, prescribing a uniform format of Affidavit of Disclosure of Assets
and Liabilities to be filed in maintenance proceedings – In the instant case,
nothing is evident from the record or even pointed out by the counsel for
the appellant at the time of hearing that affidavits were filed by both the
parties in terms of judgment of this Court in Rajnesh’s case, which was
directed to be communicated to all the High Courts for further circulation to
all the Judicial Officers for awareness and implementation – The impugned
order passed by the High Court is cryptic and is bereft of reasons – The
same deserves to be set aside and the matter is liable to be remitted to the
High Court for consideration afresh. [Paras 8,14 and 15]


                                    247
248            SUPREME COURT REPORTS                          [2023] 14 S.C.R.



        LISTS OF CITATIONS AND OTHER REFERENCES

     Rajnesh v. Neha and Another, (2021) 2 SCC 324: [2020] 13 SCR
1093 – relied on.
      Neha Tyagi v. Lieutenant Colonel Deepak Tyagi, (2022) 3 SCC 86 –
referred to.
        OTHER CASE DETAILS INCLUDING IMPUGNED
               ORDER AND APPEARANCES
    CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
No.3446 of 2023.
    From the Judgment and Order dated 28.06.2023 of the High Court of
Madhya Pradesh at Gwalior in CRR No.4939 of 2022.
       Appearances:
     Ms. Pragati Neekhra, Aditya Bhanu Neekhra, Aniket Patel, Advs. for
the Appellant.
        JUDGMENT / ORDER OF THE SUPREME COURT

                                  JUDGMENT

       RAJESH BINDAL, J.
       1. Leave granted.
      2. As per the office report dated 30.10.2023, the respondent had refused
to receive notice, hence, the service is deemed to be complete.
      3. The appellant-minor daughter of the respondent-father is aggrieved
of the order1 passed by the High Court2 by which the order3 passed by the
Family Court4 was modified. The Family Court had fixed maintenance for
the appellant ₹ 20,000/- per month, which was reduced to ₹ 7,500/- per
month by the High Court.


1     Dated 28.06.2023 in Criminal Revision No.4939 of 2022
2     High Court of Madhya Pradesh at Gwalior
3     Dated 30.11.2022
4     Family Court, Guna
           ADITI ALIAS MITHI v. JITESH SHARMA                           249
                   [RAJESH BINDAL, J.]

      4. Learned counsel for the appellant submitted that the marriage
between the mother of the appellant and the respondent was solemnized in
the year 2008. Out of the wedlock a boy and a girl were born. The custody
of the boy is with the respondent whereas the appellant is living with the
mother. A divorce petition was filed by the respondent-husband in January
2018 before the Family Court. In May 2018 the appellant and her mother-
Shikha Sharma filed an application under Section 125 Cr.P.C. before the
Family Court. The divorce petition filed by the respondent-husband was
allowed by the Family Court on 10.09.2022. Vide order dated 30.11.2022,
the Family Court partly allowed the application filed by the appellant
and her mother under Section 125 Cr.P.C. and awarded maintenance of ₹
20,000/- per month for the appellant-minor daughter. The wife was denied
any maintenance. The order qua that became final.
      5. The High Court vide impugned cryptic order has reduced the amount
of maintenance from ₹ 20,000/- to ₹ 7,500/-. Despite service the respondent
has not chosen to appear before this Court. He is shirking to take care of
the appellant (minor daughter) who is 6-7 years of age at present. Prayer is
that the impugned order passed by the High Court be set aside and that the
order of the Family Court be restored.
     6. We have heard learned counsel for the appellant and perused the
paper book.
       7. From a perusal of the order passed by the Family Court awarding
maintenance of ₹ 20,000/- per month to the appellant (minor daughter),
it is evident that the court had considered the material placed before it.
However, the High Court in revision, filed against the aforesaid order by
the respondent, recorded that earlier the respondent was doing private work
and at present he is financially distressed.
      8. The manner in which maintenance payable under Section 24 of
the Hindu Mariage Act, 1955 or Section 125 Cr.P.C. is to be assessed, was
considered by this Court in its celebrated judgment in Rajnesh v. Neha
and Another, (2021) 2 SCC 324. Detailed guidelines were issued. It was
noticed that the terms of maintenance are decided on the basis of pleadings
of parties and on the basis of some amount of guess work. It is often seen
that both the parties submit scanty material and do not disclose correct
250           SUPREME COURT REPORTS                         [2023] 14 S.C.R.


details. The tendency of the wife is to exaggerate her needs, whereas the
husband tends to conceal his actual income. Keeping that in view, this Court
laid down the procedure to streamline grant of maintenance. The judgments
of various courts were referred to and response from various State Legal
Services Authorities was sought. This Court even requested the National
Legal Services Authority to submit a report on the suggestions received
from the State Legal Services Authorities for framing guidelines on the
affidavit of disclosure of assets and liabilities to be filed by the parties.
Guidelines were issued in exercise of powers under Article 136 read with
Article 142 of the Constitution of India, prescribing a uniform format of
Affidavit of Disclosure of Assets and Liabilities to be filed in maintenance
proceedings. The judgment was delivered on 04.11.2020. The affidavit was to
be submitted in all maintenance proceedings including pending proceedings.
The directions given are extracted as under:
      “72. Keeping in mind the need for a uniform format of Affidavit
      of Disclosure of Assets and Liabilities to be filed in maintenance
      proceedings, this Court considers it necessary to frame guidelines in
      exercise of our powers under Article 136 read with Article 142 of the
      Constitution of India:
      72.1. (a) The Affidavit of Disclosure of Assets and Liabilities annexed at
      Enclosures I, II and III of this judgment, as may be applicable, shall be
      filed by the parties in all maintenance proceedings, including pending
      proceedings before the Family Court/District Court/Magistrate’s Court
      concerned, as the case may be, throughout the country;
      72.2. (b) The applicant making the claim for maintenance will be
      required to file a concise application accompanied with the Affidavit
      of Disclosure of Assets;
      72.3. (c) The respondent must submit the reply along with the Affidavit
      of Disclosure within a maximum period of four weeks. The courts may
      not grant more than two opportunities for submission of the Affidavit of
      Disclosure of Assets and Liabilities to the respondent. If the respondent
      delays in filing the reply with the affidavit, and seeks more than two
      adjournments for this purpose, the court may consider exercising
      the power to strike off the defence of the respondent, if the conduct
      is found to be wilful and contumacious in delaying the proceedings
      ADITI ALIAS MITHI v. JITESH SHARMA                             251
              [RAJESH BINDAL, J.]

[Kaushalya v. Mukesh Jain, (2020) 17 SCC 822 : 2019 SCC OnLine
SC 1915] . On the failure to file the affidavit within the prescribed
time, the Family Court may proceed to decide the application for
maintenance on the basis of the affidavit filed by the applicant and
the pleadings on record;
72.4. (d) The above format may be modified by the court concerned,
if the exigencies of a case require the same. It would be left to the
judicial discretion of the court concerned to issue necessary directions
in this regard.
72.5. (e) If apart from the information contained in the Affidavits of
Disclosure, any further information is required, the court concerned
may pass appropriate orders in respect thereof.
72.6. (f) If there is any dispute with respect to the declaration made in
the Affidavit of Disclosure, the aggrieved party may seek permission
of the court to serve interrogatories, and seek production of relevant
documents from the opposite party under Order 11 CPC. On filing of
the affidavit, the court may invoke the provisions of Order 10 CPC or
Section 165 of the Evidence Act, 1872, if it considers it necessary to
do so. The income of one party is often not within the knowledge of
the other spouse. The court may invoke Section 106 of the Evidence
Act, 1872 if necessary, since the income, assets and liabilities of the
spouse are within the personal knowledge of the party concerned.
72.7. (g) If during the course of proceedings, there is a change in
the financial status of any party, or there is a change of any relevant
circumstances, or if some new information comes to light, the party
may submit an amended/supplementary affidavit, which would be
considered by the court at the time of final determination.
72.8. (h) The pleadings made in the applications for maintenance
and replies filed should be responsible pleadings; if false statements
and misrepresentations are made, the court may consider initiation of
proceeding under Section 340 CrPC, and for contempt of court.
72.9. (i) In case the parties belong to the economically weaker sections
(“EWS”), or are living below the poverty line (“BPL”), or are casual
labourers, the requirement of filing the affidavit would be dispensed
with.
252             SUPREME COURT REPORTS                     [2023] 14 S.C.R.


      72.10. (j) The Family Court/District Court/Magistrate’s Court
      concerned must make an endeavour to decide the IA for interim
      maintenance by a reasoned order, within a period of four to six months
      at the latest, after the Affidavits of Disclosure have been filed before
      the court.
      72.11. (k) A professional Marriage Counsellor must be made available
      in every Family Court.”
      9.Criteria was also laid down for determining the quantum of
maintenance. Guidelines were laid down regarding maintenance to minor
children in paras 91 and 92 thereof, which are extracted below:
      “Permanent alimony
      91. The living expenses of the child would include expenses for
      food, clothing, residence, medical expenses, education of children.
      Extra coaching classes or any other vocational training courses to
      complement the basic education must be factored in, while awarding
      child support. Albeit, it should be a reasonable amount to be awarded
      for extracurricular/coaching classes, and not an overly extravagant
      amount which may be claimed.
      92. Education expenses of the children must be normally borne by the
      father. If the wife is working and earning sufficiently, the expenses
      may be shared proportionately between the parties.”
     10.The Formats of Affidavits required to be filed for Disclosure of
Assets and Liabilities for non-agrarian deponents, agrarian deponents and
the parties residing in the State of Meghalaya in terms of Enclosure-I to
Enclosure-III to the aforesaid judgment, which are extracted below:
                               “ENCLOSURE I
       Affidavit of Assets and Liabilities for Non-Agrarian Deponents
      I _________, d/o _______ or s/o______, aged about ______years,
      resident of______, do hereby solemnly affirm and declare as under:
      A. Personal Information
           1.     Name:
     ADITI ALIAS MITHI v. JITESH SHARMA                          253
             [RAJESH BINDAL, J.]

    2.   Age/Sex:
    3.   Qualifications (Educational and Professional):
    4.   Whether the Applicant is staying in the matrimonial house/
         parental home/separate residence. Please provide the
         current residential address of matrimonial home or place of
         residence and details of ownership of residence, if owned
         by other family member.
    5.   Date of marriage:
    6.   Date of separation:
    7.   General monthly expenses of the Applicant (rent, household
         expenses, medical bills, transportation, etc.):
B. Details of Legal Proceedings and Maintenance being paid
    1.   Particulars of any ongoing or past legal proceedings
         with respect to maintenance or child support between the
         Applicant and Non-Applicant.
    2.   Whether any maintenance has been awarded in any
         proceeding arising under the DV Act, CrPC, HMA, HAMA,
         etc.? If yes, provide details of the quantum of maintenance
         awarded in the proceedings.
    3.   If so, provide particulars thereof, along with a copy of the
         order(s) passed.
    4.   Whether the order of maintenance passed in earlier
         proceedings has been complied with. If not, arrears of
         maintenance.
    5.   Whether any voluntary contribution towards maintenance
         has been made/will be made in the future? If yes, provide
         details of the same.
C. Details of dependent family members
    1.   Details of dependent family members, if any.
         (a) Relationship with dependants:
254             SUPREME COURT REPORTS                      [2023] 14 S.C.R.


                  (b) Age and sex of dependant(s):
           2.     Disclose if any independent source(s) of income of the
                  dependants, including interest income, assets, pension, tax
                  liability on any such income and any other relevant details.
           3.     The approximate expenses incurred on account of the
                  dependant.
      D. Medical details if any, of the deponent and/or dependent family
      members
           1.     Whether either party or child/children is suffering from any
                  physical/mental disability, or any other serious ailment. If
                  yes, produce medical records.
           2.     Whether any dependent family member has serious
                  disability, requiring continuous medical expenditure. If
                  yes, produce disability certificate and approximate medical
                  expenditure incurred on such medical treatment.
           3.     Whether either party or child/children or any other
                  dependent family member is suffering from life-threatening
                  diseases, which would entail expensive and regular medical
                  expenditure? If yes, provide details of the same along with
                  summary of previous details of hospitalisation/medical
                  expenses incurred.
      E. Details of children of the parties
           1.     Number of children from the existing marriage/marital
                  relationship/previous marriage.
           2.     Name and age of children.
           3.     Details of the parent who has the custody of the children.
           4.     Expenditure for maintenance of dependent children.
                  (a) Towards food, clothing and medical expenses.
                  (b) Towards expenses for education, and a summary of
                  general expenses.
     ADITI ALIAS MITHI v. JITESH SHARMA                             255
             [RAJESH BINDAL, J.]

          (c) Towards expenses, if any, of any extra educational,
          vocational or professional/educational course, specialised
          training or special skills programme of dependent children.
          (d) Details of any loan, mortgage, charge incurred or
          instalment plan (being paid or payable), if any, on account
          of any educational expenses of children.
     5.   Whether any voluntary contribution by either of the parties
          is being made towards these educational expenses? If yes,
          provide details of the same. Also provide an estimate of
          any additional contribution that may be required.
     6.   Whether any financial support is being provided by a third
          party for the educational expenses of the children?
F. Details of Income of the Deponent
     1.   Name of employer:
     2.   Designation:
     3.   Monthly income:
     4.   If engaged in government service, furnish latest salary
          certificates or current pay slips or proof of deposit in bank
          account, if being remitted directly by employer.
     5.   If engaged in the private sector, furnish a certificate provided
          by the employer stating the designation and gross monthly
          income of such person, and Form 16 for the relevant period
          of current employment.
     6.   If any perquisites, benefits, house rent allowance, travel
          allowance, dearness allowance or any other service benefit
          is being provided by the employer during the course of
          current employment.
     7.   Whether assessed to income tax?
          If yes, submit copies of the Income Tax Returns for the
          periods given below:
          (i) One year prior to marriage
256             SUPREME COURT REPORTS                       [2023] 14 S.C.R.


                  (ii) One year prior to separation
                  (iii) At the time when the application for maintenance is
                  filed
           8.     Income from other sources, such as rent, interest, shares,
                  dividends, capital gains, FDRs, Post office deposits, mutual
                  funds, stocks, debentures, agriculture, or business, if any,
                  along with TDS in respect of any such income.
           9.     Furnish copies of bank statement of all accounts for the last
                  3 years.
      G. Assets (movable and immovable) owned by the Deponent
           1.     Self-acquired property, if any:
           2.     Properties jointly owned by the parties after marriage:
           3.     Share in any ancestral property:
           4.     Other joint properties of the parties (accounts/investments/
                  FDR/mutual funds, stocks, debentures, etc.), their value and
                  status of possession:
           5.     Status of possession of immovable property and details of
                  rent, if leased:
           6.     Details of loans taken or given by the Deponent:
           7.     Brief description of jewellery and ornaments of parties
                  acquired during/after marriage:
           8.     Details of transfer deeds or transactions of alienation of
                  properties previously owned by the applicant, executed
                  during the subsistence of the marriage. Also provide brief
                  reasons for such sale or transaction, if any.
      H. Details of Liabilities of the Deponent
           1.     Loans, liabilities, mortgage, or charge outstanding against
                  the Deponent, if any.
           2.     Details of any EMIs being paid.
     ADITI ALIAS MITHI v. JITESH SHARMA                           257
             [RAJESH BINDAL, J.]

    3.   Date and purpose of taking loan or incurring any such
         liability:
    4.   Actual amount borrowed, if any, and the amount paid up
         to date of filing the Affidavit:
    5.   Any other information which would be relevant to describe
         current liabilities of the Deponent.
I. Self-employed persons /Professionals /Business Persons/
Entrepreneur
    1.   Brief description of nature of business/profession/vocation/
         self-employed/work activity.
    2.   Whether the business/profession/self-employment is carried
         on as an individual, sole proprietorship concern, partnership
         concern, LLP, company or association of persons, HUF,
         joint family business or any other form? Give particulars of
         Applicant’s share in the partnership/business/professional
         association/self-employment. In case of partnership, specify
         the share in the profit/losses of the partnership.
    3.   Net Income from the business/profession/partnership/self-
         employment.
    4.   Business/partnership/self-employment liabilities, if any, in
         case of such activity.
    5.   In case of business of company, provide brief details of
         last audited balance sheet to indicate profit and loss of the
         company in which such party is in business in the company.
    6.   In case of a partnership firm, provide details of the filings
         of the last Income Tax Return of partnership.
    7.   In case of self-employed individual, provide the filings of
         the last Income Tax Return from any such professional/
         business/vocational activity.
J. Information provided by the Deponent with respect to the
income, assets and liabilities of the other Spouse
258             SUPREME COURT REPORTS                        [2023] 14 S.C.R.


           1.     Educational and professional qualifications of the other
                  spouse:
           2.     Whether spouse is earning? If so, give particulars of the
                  occupation and income of the spouse.
           3.     If not, whether he/she is staying in his/her own
                  accommodation, or in a rented accommodation or
                  in accommodation provided by employer/business/
                  partnership?
           4.     Particulars of assets and liabilities of spouse as known to
                  the deponent, along with any supporting documents.
      K. Details of Applicant or the other Spouse, in case parties are Non-
      Resident Indians, Overseas Citizens of India, Foreign Nationals
      or Persons living abroad outside India
           1.     Details of Citizenship, Nationality and current place of
                  residence, if the Applicant or other spouse is residing abroad
                  outside India, temporarily or permanently.
           2.     Details of current employment and latest income in foreign
                  currency of such applicant/spouse, duly supported by
                  relevant documentation of employment and income from
                  such foreign employer or overseas institution by way of
                  employment letter or testimonial from foreign employer
                  or overseas institution or latest relevant bank statement.
           3.     Details of household and other expenditure of such
                  applicant/spouse in foreign jurisdiction.
           4.     Details of tax liability of applicant/other spouse in foreign
                  jurisdiction.
           5.     Details of income of applicant/other spouse from other
                  sources in India/foreign jurisdiction.
           6.     Details of expenses incurred or contribution made on
                  account of spousal maintenance, child support or any
                  other educational expenses, medical treatment of spouse
                  or children.
      ADITI ALIAS MITHI v. JITESH SHARMA                           259
              [RAJESH BINDAL, J.]

     7.    Any other relevant detail of expenses or liabilities, not
           covered under any of the above headings and any other
           liabilities to any other dependent family members in India
           or abroad.
                             Declaration
     1.    I declare that I have made a full and accurate disclosure
           of my income, expenditure, assets and liabilities from all
           sources. I further declare that I have no assets, income,
           expenditure and liabilities other than as stated in this
           affidavit.
     2.    I undertake to inform this Court immediately with respect
           to any material change in my employment, assets, income,
           expenses or any other information included in this affidavit.
     3.     I understand that any false statement in this affidavit,
           apart from being contempt of court, may also constitute an
           offence under Section 199 read with Sections 191 and 193
           of the Indian Penal Code punishable with imprisonment
           up to seven years and fine, and Section 209 of the Indian
           Penal Code punishable with imprisonment up to two years
           and fine. I have read and understood Sections 191, 193, 199
           and 209 of the Indian Penal Code, 1860.
                                                         DEPONENT
                             Verification
Verified at ___on this _____day of _____ that the contents of the above
affidavit are true to my personal knowledge, no part of it is false and
nothing material has been concealed therefrom, whereas the contents
of the above affidavit relating to the assets, income and expenditure of
my spouse are based on information believed to be true on the basis
of record. I further verify that the copies of the documents filed along
with the affidavit are the copies of the originals.
                                                         DEPONENT
                          ENCLOSURE II
      Details for Affidavit for Agrarian Deponents (Krishi)
260          SUPREME COURT REPORTS                          [2023] 14 S.C.R.


      1.   Total extent of the rural land(s) owned, or the specific shareholding
           in the same land:
      2.   Jamabandis/Mutations to show ownership.
      3.   Location of the land owned by the party.
      4.   Nature of land : whether wet land or dry land.
      5.    Whether such land is agricultural land or non-agricultural land:
      6.   Nature of agriculture/horticulture:
      7.   Nature of crops cultivated during the year:
      8.   If rural land is not cultivable, whether the same is being used for
           business, leasing or other activity:
      9.   Income generated during the past 3 years from the land.
      10. Whether any land is taken on lease/battai (or any other term used
          for a lease in the local area of the jurisdiction concerned where
          rural/agricultural land is located.)
      11. (a) Whether owner of any livestock, such as buffaloes, cows,
          goats, cattle, poultry, fishery, bee keeping, piggery, etc. the
          number thereof and income generated therefrom?
           (b) Whether engaged in dairy farming, poultry, fish farming or
           any other livestock activity.
      12. Loans, if any obtained against the land. Furnish details of such
          loans.
      13. Any other sources of income:
      14. Liabilities, if any.
      15. Any other relevant information:
                                   Declaration
      1.   I declare that I have made a full and accurate disclosure of my
           income, expenditure, assets and liabilities from all sources. I
           further declare that I have no assets, income, expenditure and
           liabilities other than as stated in this affidavit.
      ADITI ALIAS MITHI v. JITESH SHARMA                          261
              [RAJESH BINDAL, J.]

2.   I undertake to inform this Court immediately with respect to any
     material change in my employment, assets, income, expenses or
     any other information included in this affidavit.
3.   I understand that any false statement in this affidavit, apart
     from being contempt of court, may constitute an offence under
     Section 199 read with Sections 191 and 193 of the Indian
     Penal Code punishable with imprisonment up to seven years
     and fine, and Section 209 of the Indian Penal Code punishable
     with imprisonment up to two years and fine. I have read and
     understood Sections 191, 193, 199 and 209 of the Indian Penal
     Code, 1860.
                                                        DEPONENT
                            Verification
Verified at ___on this ___day of_____that the contents of the above
affidavit are true to my personal knowledge, no part of it is false and
nothing material has been concealed therefrom. I further verify that
the copies of the documents filed along with the affidavit are the copies
of the originals.
                                                        DEPONENT
                         ENCLOSURE III
               Affidavit for the State of Meghalaya
1.   Whether the woman is the youngest daughter of the family.
2.   Whether the woman is staying with her husband in her family
     property.
3.   Whether she has any maternal uncle, who plays a very important
     role in their family matters, which includes settlement of
     matrimonial disputes. The woman should also disclose her clan
     and her lineage.
4.   The woman should disclose if her children have adopted the
     surname of her mother, inasmuch as Khasi has been defined as
     “a person who adopts the surname of his or her mother”.
262          SUPREME COURT REPORTS                        [2023] 14 S.C.R.


      5.   The woman should disclose if she gets any financial assistance
           from her clan or family member.
      6.   The woman should disclose if her parents are alive more
           specifically, her mother, and how many siblings she has.
      7.   In event of a woman not being the youngest daughter, she has to
           disclose who the youngest daughter is.
      8.   The woman should disclose if she has any movable or any
           immovable property, self-acquired or inherited from her clan.
      9.   The woman should disclose if she is married to tribal or non-
           tribal.
           The above format may be modified or adapted by the court
           concerned, as may be considered appropriate.
                                  Declaration
      1.   I declare that I have made a full and accurate disclosure of my
           income, expenditure, assets and liabilities from all sources. I
           further declare that I have no assets, income, expenditure and
           liabilities other than as stated in this affidavit.
      2.   I undertake to inform this Court immediately with respect to any
           material change in my employment, assets, income, expenses or
           any other information included in this affidavit.
      3.   I understand that any false statement in this affidavit, apart
           from being contempt of court, may also constitute an offence
           under Section 199 read with Sections 191 and 193 of the Indian
           Penal Code punishable with imprisonment up to seven years
           and fine, and Section 209 of the Indian Penal Code punishable
           with imprisonment up to two years and fine. I have read and
           understood Sections 191, 193, 199, and 209 of the Indian Penal
           Code, 1860.
                                                              DEPONENT
                                  Verification
      Verified at ___on this _____day of _____ that the contents of the above
      affidavit are true to my personal knowledge, no part of it is false and
            ADITI ALIAS MITHI v. JITESH SHARMA                              263
                    [RAJESH BINDAL, J.]

     nothing material has been concealed therefrom, whereas the contents
     of the above affidavit relating to the assets, income and expenditure of
     my spouse are based on information believed to be true on the basis
     of record. I further verify that the copies of the documents filed along
     with the affidavit are the copies of the originals.
                                                                 DEPONENT”
      11. Separate Affidavits were provided for agrarian and non-agrarian
deponents as the particulars to be furnished by the deponents living in the
urban areas are entirely different from those who are living in rural and tribal
areas. Separate format of Affidavit has been provided for the residents of
the State of Meghalaya considering its special status. It is predominantly a
tribal area and follows matrilineal system of society.
      12. In Neha Tyagi v. Lieutenant Colonel Deepak Tyagi, (2022) 3
SCC 86, this court while upholding the decree of divorce granted by the
courts below, opined that even after the divorce, the husband is not absolved
of his liability and responsibility to maintain child/son till he attains the age
of majority. In a dispute between the husband and wife, the child should not
be made to suffer. Relevant para 6 thereof is extracted below:
     “6. However, at the same time, the respondent husband cannot be
     absolved from his liability and responsibility to maintain his son Pranav
     till he attains the age of majority. Whatever be the dispute between the
     husband and the wife, a child should not be made to suffer. The liability
     and responsibility of the father to maintain the child continues till the
     child/son attains the age of majority. It also cannot be disputed that the
     son Pranav has a right to be maintained as per the status of his father.
     It is reported that the mother is not earning anything. She is residing at
     her parental house at Jaipur. Therefore, a reasonable/sufficient amount
     is required for the maintenance of her son including his education etc.
     which shall have to be paid by the respondent husband, irrespective of
     the decree of dissolution of marriage between the appellant wife and
     the respondent husband. The amount which was being paid pursuant
     to the order passed by the Army authorities on 15-11-2012 has also
     been stopped by the respondent husband since December 2019.”
                                                           (emphasis supplied)
264          SUPREME COURT REPORTS                          [2023] 14 S.C.R.


      However, in a given case, where the earning of the wife is also good,
that factor can always be considered as joint parenting is always best for
upbringing of the child. The basic object is the welfare of the child.
      13. A perusal of the order passed by the High Court shows that the
amount of maintenance awarded to the appellant was reduced from ₹20,000/-
to ₹ 7,500/- per month, merely noticing that earlier, the respondent was
in business. However, at that point in time he was in debt and in financial
distress, hence, not able to pay huge amount of maintenance to the minor
daughter. The respondent is not represented before this Court to justify the
stand taken by him before the High Court. The Family Court had passed a
detailed order giving reasons.
      14. Nothing is evident from the record or even pointed out by the
learned counsel for the appellant at the time of hearing that affidavits were
filed by both the parties in terms of judgment of this Court in Rajnesh’s
case (supra), which was directed to be communicated to all the High
Courts for further circulation to all the Judicial Officers for awareness
and implementation. The case in hand is not in isolation. Even after
pronouncement of the aforesaid judgment, this Court is still coming across
number of cases decided by the courts below fixing maintenance, either
interim or final, without their being any affidavit on record filed by the
parties. Apparently, the officers concerned have failed to take notice of the
guidelines issued by this Court for expeditious disposal of cases involving
grant of maintenance. Comprehensive guidelines were issued pertaining
to overlapping jurisdiction among courts when concurrent remedies for
grant of maintenance are available under the Special Marriage Act, 1954,
Section 125 Cr.P.C., the Protection of Women from Domestic Violence Act,
2005, Hindu Marriage Act, 1955 and Hindu Adoptions and Maintenance
Act, 1956, and Criteria for determining quantum of maintenance, date from
which maintenance is to be awarded, enforcement of orders of maintenance
including fixing payment of interim maintenance. As a result, the litigation
which should close at the trial level is taken up to this Court and the parties
are forced to litigate.
      15. As in the case in hand, the impugned order passed by the High
Court is cryptic and is bereft of reasons. In our opinion, the same deserves
to be set aside and the matter is liable to be remitted to the High Court for
             ADITI ALIAS MITHI v. JITESH SHARMA                           265
                     [RAJESH BINDAL, J.]

consideration afresh. Ordered accordingly. As the respondent remained
unrepresented, the High Court may issue notice for his appearance on the
date so fixed by it.
     16. Considering the facts of the case in hand and the other similar
cases coming across before this Court not adhering to the guidelines given
in Rajnesh’s case (supra), we deem it appropriate to direct the Secretary
General of this Court to re-circulate the aforesaid judgment not only to all
the Judicial Officers through the High Courts concerned but also to the
National Judicial Academy and the State Judicial Academies, to be taken
note of during the training programmes as well. Ordered accordingly.
      17. The appeal is disposed of accordingly.


Headnotes prepared by:                                      Appeal disposed of.
Ankit Gyan