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Mandatory affidavit for disclosure of assets and liability to be filed by both parties in maintenance cases: SC ruled

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Wednesday, the bench of Justices Indu Malhotra and R Subhash Reddy ruled that, affidavit of disclosure of assets and liability to be filed by both parties in maintenance cases to decide payment of interim maintenance in matrimonial cases.

Senior Advocates Gopal Sankaranarayanan and Anitha Shenoy was appointed as amicus curiae by the Court in September last year, to assist in framing guidelines for “payment of interim maintenance”.

The verdict deals with the following important aspect.

Disclosure of Income affidavit

Mandatory affidavit of disclosure of assets and liabilities to be filed by both parties in maintenance related proceedings. It also includes the pending proceedings before the family court.

Quantum of Amount Payable

The family court to consider the criteria as per the guidelines in the judgement to decide the quantum of maintenance amount to be payable.

Guidelines to avoid the Conflicting Orders

The guidelines to avoid the conflicting orders being passed by different courts under different acts.

Source Bar and Bench

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