Bharathadityalu

  Courts Should Direct Parties To File Affidavits Of Assets & Liabilities Before Granting Maintenance: Patna High Court The Court held that affidavits of assets and liabilities are essential for assessing the parties’ status, needs, and earning capacity before determining maintenance. Cause Title: Ravi Prakash Saxena v. Priyanka Rani The Patna High Court has held that before passing a final order of maintenance, Family Courts are under a statutory obligation to direct parties to file affidavits of assets and liabilities and that only after considering such affidavits can the status of the parties, their assets, needs, and earning capacities be evaluated to determine the appropriate amount of maintenance. The High Court was hearing a criminal revision petition filed by a husband challenging an order of the Family Court, which had directed him to pay monthly maintenance of ₹20,000 to his wife, arguing that the order was passed mechanically, without properly assessing his financia...

  When Sale Deed Is Void, Suit For Possession Governed By Limitation Period Of 12 Years Under Article 65 Instead Of Art 59 : Supreme Court. Cause Title: SHANTI DEVI (SINCE DECEASED) THROUGH LRS. GORAN VERSUS JAGAN DEVI & ORS. The Supreme Court on Friday (Sep.12) held that a suit instituted seeking possession of immovable property on the ground that the defendant's sale deed is void is governed by the 12-year limitation period under Article 65 of the Limitation Act, 1963, rather than the shorter 3-year period under Article 59 of the Act. A bench of Justices J.B. Pardiwala and R. Mahadevan clarified that where possession is claimed over property by the defendant based on a forged and void sale deed, he suit can be filed within 12 years, as such possession is treated as adverse to the plaintiff. “Therefore, the plaintiff could indeed have maintained an action to obtain possession of the property on the basis of her title and filed the same within the period of 12 years from the da...