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SC Seeks Centre's Response On PIL To Formulate Uniform Format To Ascertain Maintenance

15 Oct 2019 3:41 AM GMT
SC Seeks Centre
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The Supreme Court Monday sought the Centre's response on a plea seeking directions for formulating a uniform format for disclosing information by husband and wife before the family court for granting maintenance in matrimonial disputes.

A bench of Justices Indu Malhotra and R Subhash Reddy issued notices to the Ministry of Social Justice, Ministry of Women and Child Development and National Legal Services Authority while tagging the matter with a similar petition.

The top court also asked senior advocates Gopal Shankarnayan and Anitha Shenoy, who have been appointed as amicus curie in the matter, to give their suggestions for finalising the model affidavit to be given by both spouses for determining the quantum of maintenance to be given by the husband.

It was hearing a PIL filed by NGO Citizen Rights Trust, filed through its General Secretary and advocate Sneha Kalita, seeking pan India uniform format of filing affidavit by both spouses for disclosing their source of income and other relevant details in matrimonial disputes to ascertain the maintenance claimed by the spouse.

"It is respectfully submitted that the said uniform pattern of format can be filed by both the parties at the very threshold of the proceedings in all matrimonial cases for avoiding undue delay and would be helpful for the concern courts in awarding pendente lite (during litigation) maintenance and would also help in determining in awarding permanent alimony in accordance with merits of each case," the plea said.

The matter will come up for hearing after four weeks.

The plea said that uniform and standardised comprehensive chart for disclosing relevant information and documents in the form of affidavit by both spouses/ parties before the courts would be helpful for expeditious hearing and disposal of maintenance applications related to matrimonial cases.

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