The court remands the case back to the Family Court due to insufficient evidence regarding the wife's income and assets.
In a significant ruling, the Bombay High Court's Nagpur Bench has set aside a Family Court order directing Sahil Sanjay Rathod to pay his estranged wife, Swati Sahil Rathod, a monthly maintenance of Rs. 20,000. The decision, delivered by Justices M.S. Jawalkar and M.W. Chandwani, quashes the previous order due to insufficient evidence concerning the wife's financial status and remands the case for fresh consideration.
The Family Court, Yavatmal, had earlier directed Sahil to pay maintenance under Section 18 of the Hindu Adoptions and Maintenance Act, 1956, and Section 125 of the Code of Criminal Procedure, 1973. However, the High Court found that the Family Court's judgment lacked a thorough examination of the wife's actual income and assets, necessitating a reevaluation.
The case stems from multiple petitions filed by Swati Rathod, including those for restitution of conjugal rights and maintenance. While the Family Court had upheld her claims, the High Court highlighted discrepancies in her financial disclosures. Evidence suggested that Swati operated a tuition business, "Joy Engineering Classes," which she had not disclosed in her affidavits of assets and liabilities. The High Court emphasized the need for updated affidavits to ensure a fair assessment of maintenance.
Furthermore, the court addressed the issue of false allegations, noting that Swati's FIR for cruelty was filed 11 months after separation and appeared to be an afterthought. The High Court underscored that unfounded complaints could constitute matrimonial cruelty, citing relevant Supreme Court judgments.
Sahil Rathod's counsel successfully argued that the Family Court failed to consider crucial evidence, including Swati's independent income. The High Court concurred, stating that the maintenance amount seemed arbitrary without a clear understanding of both parties' financial conditions.
The High Court's order mandates the Family Court to reassess the maintenance claim, allowing both parties to submit fresh affidavits detailing their current financial standings. It also clarifies that any maintenance already paid is non-recoverable, ensuring interim financial support for Swati.
This ruling underscores the judiciary's commitment to ensuring fairness in matrimonial disputes, particularly concerning maintenance claims. The case will return to the Family Court for renewed deliberation, with both parties given the opportunity to present additional evidence to support their claims.
Bottom Line:
Maintenance under Section 18 of Hindu Adoptions and Maintenance Act, 1956 and Section 125 of CrPC - The Family Court's decision granting Rs. 20,000 per month as maintenance to the wife was quashed and remanded for fresh consideration due to insufficient evidence regarding wife's income and assets.
Statutory provision(s): Hindu Marriage Act, 1955 Section 9, Hindu Adoptions and Maintenance Act, 1956 Section 18, Code of Criminal Procedure, 1973 Section 125, Indian Penal Code, 1860 Section 498-A, 323, 504, 506.
Sahil Sanjay Rathod v. Swati Sahil Rathod, (Bombay)(Nagpur Bench)(DB) : Law Finder Doc Id # 2835424
