The Supreme Court on Friday sought a response from the Centre and the National Legal Services Authority (NALSA) on a public interest petition (PIL) that wants to make it mandatory for estranged couples to file affidavits disclosing assets and liabilities before matrimonial courts. Details revealed shall be looked into before a decision is made to determine alimony or maintenance payments to the wife.
A petition filed by NGO, Citizens Rights Trust, makes out a case that such an affidavit would enable a fair, quick and reasonable maintenance allowance to estranged wives and dependent children in case of a separation.
A bench of Justices Indu Malhotra and R Subhash Reddy that heard the case, also appointed senior advocates, Anita Shenoy and Gopan Sankarnarayan as amicus curiae to assist the bench. NALSA is a statutory body that provides free legal aid to the poor.
According to the petition, in India, matrimonial battles are fought for so long in the courts that it deprives the spouse, generally the wife, of the right of maintenance. This directly violates the fundamental right envisaged under Article 21 of the Constitution of India. “Moreover, if children born from the wedlock are in the care and custody of the wife, it becomes very difficult for her to raise them without financial support from her husband,” it read.
SC advocate Viplav Sharma said: “The husbands are generally not transparent when it comes to disclosing their annual incomes that will determine the maintenance to be paid to their estranged spouses. If compulsory filing of affidavit is there such an issue can be tided over fast.”
{{/usCountry}}SC advocate Viplav Sharma said: “The husbands are generally not transparent when it comes to disclosing their annual incomes that will determine the maintenance to be paid to their estranged spouses. If compulsory filing of affidavit is there such an issue can be tided over fast.”
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