Andhra Pradesh High Court - Amravati
Beesapu Upendra vs Beesapu Geetha on 14 December, 2023
HIGH COURT OF ANDHRA PRADESH
MAIN CASE: CRP No. 2844 of 2023
PROCEEDING SHEET
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04. 14.12.2023 RNT, J
Heard Ms. V. Aasritha, learned counsel,
representing Sri K. Sai Sanjay, learned counsel
for the petitioner.
2. By the impugned order dated
16.06.2023, the learned Senior Civil Judge,
Pithapuram in HMOP.No.10 of 2023 on
I.A.No.298 of 2023 of the respondent/wife in the
suit for divorce filed by the husband/petitioner,
allowed the said application and directed to pay
an amount of Rs.10,000/- per month to the
petitioner/wife from the date of the petition,
which is in addition to the maintenance amount
of Rs.5,000/- awarded to the wife in the
proceedings in MC No.03 of 2022 under Section
125 Cr.P.C.
3. While challenging the said order,
learned counsel for the petitioner submits that
the respondent/wife did not file the affidavit of
disclosure of assets and liabilities, as per the
judgment of the Hon'ble Supreme Court in the
case of Rajnesh v. Neha {(2021) 2 SCC 324,
para-129}, and the case of Alias Mithi v. Jitesh
Sharma {2023 SCC OnLine SC 1451} in which
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also the filing of the affidavits of both the parties
in terms of the judgment in Rajnesh (supra) was
the mandate.
4. She further submits that the petitioner
did not submit any such affidavit.
5. Prima facie, the learned trial Court,
while determining the maintenance in the present
proceedings, took into account the maintenance
granted in the proceedings under Section 125
Cr.P.C, amounting to Rs.5,000/-. It also
considered the judgment of the Hon'ble Apex
Court in Rajnesh (supra). The learned trial Court
took into consideration the salary slip of the
petitioner.
6. However, the submission of the learned
counsel for the petitioner, prima facie, appears to
be correct as there is no mention of any affidavit
filed, in view of the law laid down in the aforesaid
judgment.
7. Matter requires consideration.
8. Issue notice to the respondent.
9. In addition to the normal mode of
service, the petitioner is permitted to take out
personal notice for service on the respondent and
file proof of service in the Registry by the next
date.
10. As an interim measure, it is provided
that the operation of the impugned order shall
remain stayed, subject to the petitioner
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depositing 50% of the arrears as on today, i.e.,
@Rs.5,000/- per month in terms of the impugned
order, within a period of 4 (four) weeks from
today and also continues to deposit regularly
@Rs.5,000/- per month, during pendency of the
HMOP No.10 of 2023. This is in addition to the
maintenance amount in the proceedings under
Section 125 Cr.P.C.
11. The respondent is at liberty to
withdraw the amount so deposited subject to the
further orders in this petition.
12. In case of default in complying with
the aforesaid terms and conditions, the interim
order shall come to an end and it shall be open
for the respondent to proceed as per law.
13. List on 01.02.2024.
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RNT, J
Dsr
