Orissa High Court expresses displeasure over non-disclosure of assets in alimony cases

The Orissa High Court has taken a firm stance against non-compliance with the Supreme Court's guidelines on asset disclosure in maintenance cases. In a recent ruling, Justice Gourishankar Satapathy expressed displeasure over a Family Court's failure to adhere to these guidelines.

The High Court emphasized that when principles outlined in a Supreme Court decision are mandated to be followed, lower courts are obligated to comply. The High Court’s stance came after the petitioner husband with monthly salary of Rs 42000 was directed to pay Rs 41000 per month. 

Counsel appearing for the petitioner-husband conveyed to the Court that neither of the parties has filed any affidavit disclosing their respective assets, as mandatorily required by the ruling of the Apex Court in the landmark case of Rajnesh vs Neha (2020).

“When the principle culled out in a decision is directed to be followed mandatorily, the Court concerned is under obligation to follow such guidelines, but in this case, the learned trial Court having not followed the provisions of the guidelines issued in Rajnesh (supra), the matter is required to be remitted back for fresh disposal in accordance with law by complying the guidelines of the Rajnesh (supra),” the single bench of Justice Gourishankar Satapathy observed.

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“It is however made clear that the learned trial Court while adjudicating the matter afresh may receive the disclosure affidavits from the parties and provide opportunity to lead evidence on the very aspect of the disclosure affidavits by taking into consideration the mandatory guidelines of the Apex Court in Rajnesh (supra),” the court clarified.