Failure to File Assets Affidavit Bars Relief Against Maintenance Order for Able-Bodied MBA Graduate Spouse

The Petitioner (husband) challenged an order dated 31.01.2025 passed by the Additional Principal Judge, Family Court, Patna, in Maintenance Case No. 53(M) of 2019.

The Family Court had directed the Petitioner to pay ₹10,000 per month for the maintenance of his wife (Opposite Party No. 2) and their two daughters.

The Petitioner contended that the order was passed ex parte without considering his actual income as an Advocate Clerk, despite being an MBA degree holder.

Conversely, the wife argued that the Petitioner had entered an appearance but willfully avoided proceedings, failed to file a show-cause or an affidavit of assets and liabilities, and that the petition had been pending since 2019.

1. Whether the impugned maintenance order was passed ex parte and in violation of the principles of natural justice?

2. Whether the quantum of maintenance (₹10,000 per month) is exorbitant or excessive given the Petitioner's claimed financial status?

Section 125 of the Code of Criminal Procedure

The procedural requirements for parties to disclose financial status via an affidavit of assets and liabilities as established in Rajnesh v. Neha.

The principle that a party cannot take advantage of their own wrong or negligence in court proceedings.

The High Court observed that the matter had been pending for over five years, reaching a final order only in 2025, which it termed "unfortunate" for a maintenance proceeding.

The Court rejected the Petitioner's claim that the order was ex parte; since the Petitioner had filed his attendance (pairavi) on the date of the order but failed to appear or present arguments, the non-appearance was a personal default.

Furthermore, as an MBA degree holder and an Advocate Clerk, the Petitioner was expected to understand the importance of court proceedings and the requirement to file an affidavit of assets and liabilities.

Since the Petitioner failed to produce evidence of his income or assets, he could not later challenge the Court's assessment.

Given the responsibility to maintain a wife and two daughters, the court found the sum of ₹10,000 appropriate for an MBA graduate.

It held that the maintenance amount was neither exorbitant nor excessive considering the Petitioner’s qualifications and familial obligations.

The Criminal Revision petition was dismissed, and the order dated 31.01.2025 passed by the Family Court, Patna, was affirmed.