Uttarakhand High Court
27 October vs Mirdul Negi on 27 October, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
2025:UHC:9400-DB
HIGH COURT OF UTTARAKHAND AT NAINITAL
Appeal From Order No. 211 of 2024
27 October, 2025
Rajesh Negi ................Appellant
Versus
Mirdul Negi ...............Respondent
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Presence:-
Mr. Rajesh Negi-appellant is present in person.
Ms. Gurbani Singh, learned counsel for respondent.
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Coram: Hon'ble Ravindra Maithani, J.
Hon'ble Alok Mahra, J.
Hon'ble Ravindra Maithani, J. (Oral)
The instant appeal is filed against the order
dated 15.03.2024 passed by learned Principal Judge
Family Court, Dehradun in Original Suit No. 515 of 2023
Rajesh Negi Vs. Mirdul Negi ("the case"). By the impugned
order, the application filed by respondent under Section 24
of the Hindu Marriage Act, 1955 (the Act) has been allowed
and the appellant has been directed to pay ₹30,000/- as
time litigation expenses.
2. Heard learned counsel for the parties and
perused the record.
3. The appellant appears in person. He submits
that the respondent is not entitled to any monetary relief
from him. It is submitted that twice the respondent had
2025:UHC:9400-DB
been denied maintenance in proceedings under the
Protection of Women from Domestic Violence Act, 2005.
The appellant further submits that the respondent is
working, but she has concealed her source of income, her
employment and status etc. It is argued that respondent
was required to file an affidavit disclosing her assets and
liabilities as per the judgment of Hon'ble Apex Court in
Rajnesh Vs. Neha and Another (2021) 2 SCC 324, which
she has not filed. It is argued that despite this, the court
below passed the impugned order, which according to the
appellant violates the directions of the Hon'ble Supreme
Court in the case of Rajnesh (Supra).
4. Learned counsel for the respondent would
submit that the affidavit of disclosure of assets and
liabilities has not been filed by the respondent. She
submits that, in fact, the parties have a minor child, and
the appellant has been paying a sum of ₹8,000/- per month
towards the maintenance of the said child. It has been
rebutted by the appellant saying that he is paying
₹15,000/- per month towards maintenance of the minor
child.
5. Perusal of the impugned order reveals that, in
fact, the respondent was required to file an affidavit of
disclosure of her assets and liabilities in terms of the
judgment in the case of Rajnesh (Supra), which she has not
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filed. The court below in the impugned order itself observed
that the respondent has been working but she has
concealed this fact, which is objectionable.
6. In the case of Rajnesh (Supra), the Hon'ble
Supreme Court in paragraph 72.1(a) has observed that "the
affidavit of Disclosure of Assets and Liabilities annexed at
Enclosures I, II and III of this judgment, as may be
applicable, shall be filed by the parties in all maintenance
proceedings, including pending proceedings before the
Family Court/District Court/Magistrate's Court concerned,
as the case may be, throughout the country". Further, in
paragraph 72.3(c), it was observed that in case of delay or
failure in filing such affidavit, the court may consider
striking off the defence.
7. In the present case, the respondent was directed
to file an affidavit disclosing her assets and liabilities.
Accordingly, it was incumbent upon the respondent to
comply with the said direction. In case of her failure to do
so, the court below should have taken appropriate action
as directed by the Hon'ble Supreme Court in the case of
Rajnesh (Supra).
8. Therefore, while setting aside the impugned
order, the matter deserves to be remitted to the court below
with a direction to the respondent to file an affidavit
disclosing her assets and liabilities in accordance with the
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format prescribed in the judgment of Rajnesh (Supra).
9. The impugned order is set aside. The appeal is
allowed. The respondent is directed to file her affidavit of
disclosure of assets and liabilities in accordance with
annexures as given in the judgment of Rajnesh (Supra)
within two weeks from today. Upon filing of such affidavit,
the court below shall decide the application of the
respondent under Section 24 of the Act afresh, in
accordance with law, after affording an opportunity of
hearing to both parties. The parties shall appear before the
court below on 12.12.2025.
(Alok Mahra, J.) (Ravindra Maithani, J.)
27.10.2025 27.10.2025
Mamta
