Radheypuri vs Jammu on 21 July, 2026

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    Jammu & Kashmir High Court

    Radheypuri vs Jammu on 21 July, 2026

                                                                    Sr. No. 85
         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU
    
                                      MA No. 43/2025
                                            Date of pronouncement: 21.07.2026
                                                     Uploaded on: 22.07.2026
    Sanjay Arora, Age 54 years
    S/O Late Roshan Lal Arora
    R/O 64/3, Extn-2, Gali No. 5,
    Radheypuri, Delhi-51                           .... Petitioner(s)/Appellant(s)
    
                          Through:- Ms. Snigdha Shekhar, Advocate
                          V/s
    Kailash Arora
    W/O Sh. Sanjay Arora
    D/O Late Inder Kumar Sethi
    R/O H. No. 3511, Mohalla Paharian,
    Jammu                                                     .....Respondent(s)

    Through:- Mr. Anuj Dewan Raina, Advocate
    CORAM: HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
    ORDER (ORAL

    1. Heard learned counsel for the parties at length. The grievance

    SPONSORED

    projected in the present appeal is that the learned Additional Principal

    Judge, Family Court, Jammu “the trial court” proceeded to pass the

    impugned order awarding interim maintenance of Rs.14,000/- per

    month without first directing the parties to file their respective

    Affidavits of Assets and Liabilities, as mandated by the law laid down

    by the Hon’ble Supreme Court. Learned counsel for the appellant

    submits that the appellant is earning only Rs.12,000/- per month,

    being the rental income from shops owned by him, and that the

    maintenance awarded is beyond his financial capacity.

    2. It is contended that the learned Family Court failed to appreciate that

    the appellant’s only source of income is the rental income of

    Page 1 of 4
    Rs.12,000/- per month from a single commercial property, and that the

    maintenance awarded exceeds his financial capacity.

    3. It is further argued that the respondent is already receiving Rs.4,000/-

    per month as maintenance in proceedings under the Protection of

    Women from Domestic Violence Act, and that, in view of the

    directions issued by the Hon’ble Supreme Court in Rajnish v. Neha,

    the Trial Court ought to have taken into consideration the maintenance

    already awarded and adjusted the amount while granting maintenance

    in the present proceedings.

    4. Per contra, learned counsel for the respondent submits that the

    appellant is a man of substantial means, earning approximately

    Rs.2,00,000/- per month, is engaged in the business of property

    dealing, and is also an income-tax payee. It is contended that, after

    considering the pleadings and submissions of both parties, the Trial

    Court awarded Rs.10,000/- per month as maintenance in the present

    proceedings, in addition to the Rs.4,000/- per month already being

    received by the respondent under the Domestic Violence Act.

    5. The guidelines issued by the Hon’ble Supreme Court in Rajnish v.

    Neha envisage adjustment of maintenance awarded in different

    proceedings so as to avoid duplication, while at the same time

    preserving the parties’ right to seek appropriate relief before the

    competent forum.

    6. The principal grievance of the appellant is that the Trial Court

    awarded interim maintenance without examining his actual financial

    capacity and without calling for the Affidavits of Assets and

    Liabilities.

    MA No. 43/2025 Page 2 of 4

    7. A perusal of the record reveals that the Trial Court proceeded on the

    basis of the respondent’s pleadings alleging that the appellant was

    earning Rs.2,00,000/- per month and was working as a property

    dealer. Before this Court, however, the appellant claims that he owns

    only a single-storey commercial complex, which has been let out on

    rent, yielding an income of Rs.12,000/- per month. This stand is

    inconsistent with the pleadings filed before the Trial Court, wherein

    the appellant merely disputed the respondent’s allegation regarding his

    monthly income without disclosing his own source of income or

    placing any material regarding his financial status on record. In these

    circumstances, no fault can be found with the impugned order.

    8. The order under challenge is purely an interim order passed on the

    basis of the pleadings then available before the Trial Court. Such an

    order is always open to modification if the appellant is able to

    establish, by cogent material, that his actual earning capacity is

    substantially lower than what has been alleged by the respondent.

    Upon this aspect being pointed out, learned counsel for the appellant

    fairly submitted that the issue involves disputed questions of fact

    which can appropriately be adjudicated by the Trial Court and sought

    liberty to file a proper application for modification of the interim

    maintenance order along with the Affidavits of Assets and Liabilities.

    Learned counsel for the respondent has no objection to such a course.

    9. In view of the aforesaid submissions, this Court is of the opinion that

    the impugned order does not warrant interference in appellate

    jurisdiction. Accordingly, the order is maintained. However, liberty is

    reserved in favour of the appellant to move an appropriate application

    MA No. 43/2025 Page 3 of 4
    before the Trial Court seeking modification of the interim

    maintenance order by placing on record the requisite Affidavits of

    Assets and Liabilities and any other relevant material in support of his

    claim. If such an application is filed, the Trial Court shall consider and

    decide the same on its own merits after affording an opportunity of

    hearing to both parties.

    10. The parties shall appear before the learned Trial Court on 10.08.2026.

    It shall be open to the appellant to file the aforesaid application, which

    shall be considered independently and in accordance with law,

    without being influenced by any observations made in this order.

    11. Any amount deposited during the pendency of the present appeal shall

    be released in favour of the respondent against proper receipt and shall

    be duly adjusted towards the arrears of maintenance, if any.

    12. The appeal, along with all connected application(s), is accordingly

    disposed of.

    (Sanjay Parihar)
    Judge
    JAMMU
    21.07.2026
    Asif Tantray
    Whether the order is speaking: Yes
    Whether the order is reportable: No

    MA No. 43/2025 Page 4 of 4



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