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Judgment
Virender Singh, J
By way of present revision petition, petitioner-husband has assailed the order dated 31.7.2023, passed by the learned Principal Judge (Family Court) Mandi, H.P. in Cr. M.A. No. 796 of 2022, titled as ‘Smt. Parinita & anr. Vs. Rajeev Bharti’.
By way of impugned order, the learned Principal Judge, Family Court, Mandi has directed the petitioner, Rajeev Bharti to pay a sum of Rs. 3000/- per month, to the applicants, as monthly maintenance amount, during the pendency of the main petition.
The perusal of the impugned order shows that the same has been passed in violation of dictate of Hon’ble Supreme Court in ‘Rajnesh Vs. Neha and another’, (2021) 2 Supreme Court Cases 324, especially the directions, as contained in para-129 of the judgment, which is reproduced as under:
“The Affidavit of Disclosure of Assets and Liabilities annexed as Enclosures I, II and III of this judgment, as may be applicable, shall be filed by both parties in all maintenance proceedings, including pending proceedings, before the Family Court/District Court/Magistrates Court concerned, as the case may be, throughout the country.”
This factum has not been disputed. In such situation, this Court is left with no option, but to set aside the impugned order and remand back the matter to the Family Court, Mandi, H.P. Ordered accordingly.
Keeping in view the nature of proceedings, it is expected from the learned Principal Judge, Family Court, Mandi to decide the application, filed under Section 125 Cr. P.C., within a period of one month, from the date of appearance of the parties, before it.
Parties to the present petition are directed to file requisite affidavits, as per the judgment, passed by the Hon’ble Supreme Court, as referred to above, within seven days from the date of their appearance.
The parties, through their counsel, are directed to appear before the learned Principal Judge, Family Court, Mandi, on 20.11.2023.
With these observations, the present petition is disposed of, so also the pending application(s), if any.