Summary
The Supreme Court set aside the cryptic reduction of a minor daughter’s monthly maintenance from Rs.20,000 to Rs.7,500 and remitted the matter to the High Court for fresh consideration. It reiterated the disclosure-affidavit framework in Rajnesh v. Neha and child-support principles. Finding continuing non-compliance across cases, it directed recirculation of Rajnesh to judicial officers and judicial academies for implementation and training.
Issues
- Whether the High Court’s unexplained reduction of the child’s maintenance could stand.
- Whether the mandatory disclosure framework and relevant child-support expenses had been addressed.
Provisions considered
- Section 125, Code of Criminal Procedure, 1973The minor daughter’s maintenance required a reasoned assessment of the record and financial disclosures under the governing guidelines; the reduction was remitted for reconsideration. (¶¶ 3–9, 12–15)
Held
- The Family Court had given detailed reasons for its award. The High Court’s cryptic reliance on asserted debt and financial distress, without adequate reasons, could not sustain the reduction. (¶¶ 7, 13, 15)
- Rajnesh v. Neha prescribed disclosure of assets and liabilities in maintenance proceedings, including pending cases, with the specified formats and exceptions. The record did not establish compliance, illustrating a recurring implementation failure. (¶¶ 8–11, 14)
- Reasonable child support includes living, medical and educational needs. Divorce does not absolve the father of responsibility to maintain a minor child; the mother’s sufficient earnings may be considered for proportionate sharing. (¶¶ 9, 12)
- The appropriate relief was fresh consideration by the High Court, with notice to the unrepresented respondent as necessary, rather than final determination of quantum by the Supreme Court. (¶ 15)
- Rajnesh was to be recirculated through High Courts to judicial officers and also to the National and State Judicial Academies for use in training. (¶ 16)
Result
Appeal disposed of; High Court order set aside and matter remitted for fresh consideration. Secretary General directed to recirculate Rajnesh v. Neha to judicial officers and judicial academies.