Factual and Legal Impact of Affidavit Disclosure in Maintenance Proceedings: A Study in Light of Rajnesh v. Neha

Abstract

The concept of maintenance under Indian law embodies the social and constitutional obligation to ensure financial support to dependents who are unable to maintain themselves. With the enactment of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) which replaces the Code of Criminal Procedure, 1973 the provision for maintenance has been retained under Section 144 of the BNSS, continuing the spirit of Section 125 of the former Code. The focal point of adjudicating maintenance claims remains the truthful disclosure of income, assets, and liabilities by both parties. In its landmark judgment Rajnesh v. Neha (2021) 2 SCC 324, the Hon’ble Supreme Court of India introduced a uniform format for filing affidavits of disclosure to curb manipulation, ensure transparency, and secure just maintenance orders.
This research titled “Factual and Legal Impact of Affidavit Disclosure in Maintenance Proceedings: A Study in Light of Rajnesh v. Neha” critically examines the evolution and continuing relevance of the affidavit-disclosure mechanism under the new procedural regime of the BNSS. It analyses how false or incomplete disclosures affect judicial determination of maintenance, and the consequent legal implications such as perjury under Section 227 of the Bharatiya Nyaya Sanhita (BNS), contempt of court, and the setting aside of ex-parte orders obtained through suppression of facts.
The study adopts a doctrinal and analytical approach, reviewing judicial pronouncements from the Supreme Court and various High Courts post-Rajnesh v. Neha, along with evaluating the practical enforcement of affidavit requirements in Family Courts. It further explores whether the BNSS framework strengthens procedural compliance or merely re-enacts prior challenges under a new nomenclature. The research concludes that while the Rajnesh guidelines remain a vital judicial instrument ensuring fairness in maintenance litigation, the effective implementation under the BNSS will depend on statutory codification of affidavit obligations, judicial training, and accountability for false declarations.