As per page 48 and 49 of Rajnish Vs Neha judgment, "Date from which Maintenance to be awarded" was decided as "date of application". In reality, most of the times, apllicant wife doesn't submit her asset and liability affidavit alogwith the application. Filing section doesn't put any objection when such incomplete applications are filed. The unscruplous wife keeps on delaying the submission and court keeps on condoning delay while putting cost on husband for not submitting his asset and income affidavit. The court gives long dates and the matter of interim maintenance stretches for at least 1-2 years. Then, when maintenance is awarded from date of application husband get huge arrears and faces execution proceedings incl. jail time, salary attachment, section 82. So, the queries are:
- How is the husband at fault when filing section didn't put objection at the time of filing?
- Why is the husband at fault when non-filing and delayed filing of wife's asset and liability affidavit is condoned by the court?
- Why does husband pays the price for long dates of hearing given by court for deciding matters of interim maintenance?
- How to bound down court to award maintenance from date of order?