,,,,
Gurvinder Singh Gill, J",,,,
1. The petitioner Jaspreet Singh (husband) seeks setting aside of order dated 25.07.2019 (Annexure P-4), passed by Additional Principal Judge, Family",,,,
Courts, Ludhiana, whereby his application seeking issuance of a direction to respondent(wife) to comply with the order dated 23.10.2018 has been",,,,
dismissed.,,,,
2. The relevant facts may, briefly, be stated chronologically as follows:",,,,
20.8.2015 : An application under Section 125 Cr.P.C. was filed by respondent(wife) seeking maintenance from petitioner(husband).,,,,
23.10.2018 : During the pendency of the aforesaid application, the petitioner Jaspreet Singh moved an application seeking issuance of a direction to be",,,,
issued to respondent-wife for dmission or denial of certain facts as regards period of her employment since she had taken a different stand in her,,,,
transfer application, filed in the High Court. The trial Court vide order dated 23.10.2018, issued a direction to respondent wife to clarify the facts",,,,
pertaining to the period when she had been working and as to when she had left the job and for the said purpose she was directed to appear before,,,,
the Court and to get her statement recorded to the said effect or to file an affidavit in respect of the same.,,,,
25.7.2019 : Since the respondent wife neither filed any affidavit nor furnished the requisite information as regards period of her employment as had,,,,
been specifically directed vide order dated 23.10.2018, the petitioner moved an application before trial Court seeking issuance of a direction to the",,,,
respondent either to make a statement in this regard or to furnish an affidavit for compliance of order dated 23.10.2018. However the trial Court, vide",,,,
impugned order dated 25.07.2019, dismissed the said application.",,,,
3. I have heard the learned counsel for the parties and have also perused the impugned order as well as order dated 23.10.2018. The relevant extract,,,,
from order dated 23/10/2018 wherein certain directions were issued to respondent wife reads as follows:,,,,
“Consequently, in the interest of justice, for the purpose of proper adjudication of the case, this Court finds it necessary to direct the respondent to",,,,
clarify the facts pertaining to the same by specifying the dates as to when she was working, when she left the job, her date of filing of transfer",,,,
application and the present petition. For the said purpose petitioner is directed to appear before the Court and get her statement recorded to that effect,,,,
or to file an affidavit in lieu of the same (alternatively). The application is accordingly, disposed",,,,
4. Since the aforesaid order was not complied with by the respondent wife, the petitioner moved an application before the trial Court seeking issuance",,,,
of a directions to respondent wife to comply with order dated 23.10.2018. However, the said application was dismissed vide impugned order dated",,,,
25.07.2019, the operative portion of which reads as follows:",,,,
“I have heard learned counsel for both the parties. Witness is present to face cross-examination. Once witness is present and is ready to face,,,,
cross- examination, she cannot be directed to file fresh affidavit at the instance of the opposite party. The applicant/respondent is directed to put the",,,,
relevant document for the purpose in the cross-examination of witness for confrontation. The application is accordingly dismissed.â€,,,,
5. Having perused the impugned order dated 25.07.2019, this Court is of the opinion that the trial Court fell in error in dismissing the application",,,,
inasmuch as the facts do not show that directions issued on 23.10.2018 had been complied with as neither any affidavit had been filed nor any specific,,,,
statement of the respondent-wife in this regard had been recorded. The fact that the respondent wife was present for the purpose of her cross-,,,,
examination in respect of her examination-in-chief recorded earlier cannot be said to be compliance of order dated 23.10.2018. The respondent, in",,,,
order to comply with directions issued on 23.10.2018 was required to state specifically regarding the period of employment. Needless to mention, such",,,,
statement can be said to be complete only after the opposite side is afforded an opportunity to cross-examine her in respect of such statement.,,,,
6. Consequently, the view taken by the trial Court that presence of respondent-wife for her cross-examination, without having recorded her specific",,,,
statement as regards period of her employment as had been mandated in order dated 23.10.2018, would be sufficient compliance of direction dated",,,,
23.10.2018 cannot be upheld. The impugned order dated 25.7.2019(Annexure P-4), is, thus, set aside and respondent wife is directed to comply with",,,,
order dated 23.10.2018 either by way of furnishing an affidavit as regards the material facts in respect of period of her employment or to get her,,,,
statement recorded specifically in this regard with liberty to the petitioner to cross-examine the respondent in respect of her such deposition. In case,,,,
the respondent does not comply with order dated 23.10.2018 within one month from today or within such period as may be specified by trial Court, it",,,,
shall be open to the trial Court to draw adverse inference against the respondent-wife in respect of the period of employment.,,,,
7. Before parting with this judgement, this Court, based on the factual position in the present case and having come across numerous other identical",,,,
matters while handling cases pertaining to “Crime against Womenâ€, would observe that invariably there is colossal delay in disposal of cases",,,,
pertaining to maintenance. In the present case itself the application under Section 125 Cr PC has been pending since the year 2015 i.e. since last more,,,,
than four years. Although, in the present case, it may be the wife herself who can be said to have contributed to the delay in disposal of the petition,",,,,
but in a large number of cases it is noticed delays occur on account of the fact that the hapless wife is left fending for herself collecting documents,,,,
and evidence as regards financial status of her husband so as to seek appropriate maintenance.,,,,
8. The maintenance is certainly not to be awarded as a punitive measure but is to serve social cause to prevent the wife from being forced into,,,,
vagrancy. Whenever the Courts are faced with the task of assessing the quantum of maintenance to be awarded to the wife, the income and",,,,
resources of her husband are required to be assessed in order to reach at a just figure regarding compensation. While determining the quantum of,,,,
maintenance, the Court has to be aware not just about the income of the parties but also as regards the social status enjoyed by them. At times it",,,,
becomes a difficult task to assess the income in view of the fact that in many cases the spouse may not be working on salaried job or may be self-,,,,
employed or working in an unorganised sector or running his own business and wherein it is generally noticed that there is a tendency to conceal the,,,,
correct income so as to avoid paying income tax. In such a scenario, the Court can make an attempt by resorting to some kind of guesswork based on",,,,
the comforts and luxuries enjoyed by the husband which could include information of the following nature:,,,,
(i) the number and kind of vehicles being used by the husband, whether self-owned or by family or company;",,,,
(ii) the kind of phones being maintained by him;,,,,
(iii) the credit cards/debit cards and their statements;,,,,
(iv) details of foreign visits or holiday excursions within India;,,,,
(v) kind of electrical/electronic gadgetary being used in the household;,,,,
(vi) details of EMIs/ loan instalments being paid;,,,,
(viii) details of investments.,,,,
9. However, since it is the husband who would be having domain over the documents which could furnish information on aforesaid aspects, the wife is",,,,
left virtually helpless, being bereft of requisite information required for assessing maintenance. More often than not, even in cases where the husband",,,,
happens to be employed in government service and who cannot possibly conceal his income, the wife is constrained to seek information as regards",,,,
salary by way of filing application under RTI regarding his salary. In some cases, the wife would be constrained to approach the revenue authorities",,,,
seeking information regarding the land held by the husband or approach authorities concerned to get his income tax returns, which for a hapless wife is",,,,
a herculean task, particularly if there is none else in her family to pursue her case. Such exercise leads not only in delays in disposal of application for",,,,
maintenance but at times justice cannot be dispensed for want of proper information. Repeated adjournments by the Courts to enable the parties to,,,,
adduce evidence would tax the system unnecessarily which is already fighting backlogs.,,,,
10. Although, exclusive Family Courts have been established specifically for such purpose which would be handling cases under section 125 Cr PC",,,,
and also applications moved under Section 24 of Hindu Marriage Act during the pendency of matrimonial litigation amongst the parties but the Courts,,,,
at times seem to be over obsessed with the broad principle that it is the petitioner/plaintiff who has to stand on his own legs and to establish his case.,,,,
There certainly can be no dispute as regards the said proposition of law. There are certainly such issues which the petitioner/party would,,,,
himself/herself be required to establish - say a case where the relationship itself is disputed or where the assertion that the spouse is living in adultery,,,,
is to be established. Such facts essentially have to be proved by the party asserting the existence of such facts. However, the facts which a party",,,,
cannot possibly dispute - say a case where the husband is working in some government office or even in some private establishment where he is,,,,
getting a fixed salary and is also assessed to income tax or is having rental income in respect of which he is paying income tax or where he is owner,,,,
of a certain property in his own name, should be disclosed by such party itself rather than the opposite party being forced to collect evidence in respect",,,,
of the same from various offices i.e. from the employer, from revenue authorities, from bank, from municipal committee etc.",,,,
11. Forcing a party to collect information in aforesaid manner results in delays which is against the spirit of the legislation in question. The legislators,",,,,
realising the urgency in such matters have provided for a time- frame of 60 days during which such applications are supposed to be disposed off. The,,,,
relevant provisions of various Acts are reproduced below:,,,,
Section 125 of Criminal Procedure Code.,,,,
125. Order for maintenance of wives, children and parents. -",,,,
(1) If any person having sufficient means neglects or refuses to maintain -,,,,
(a) his wife, unable to maintain herself, or",,,,
(b) x x x,,,,
(c) x x x,,,,
(d) x x x,,,,
Provided that … … … x x x Provided further that.............. x x x,,,,
Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as",,,,
far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person. ( emphasis supplied )",,,,
Section 24 of Hindu Marriage Act :,,,,
24. Maintenance pendente lite and expenses of proceedings .Where in any proceeding under this Act it appears to the Court that either the wife,,,,
or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding,",,,,
i t may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses",,,,
of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioners own income and the income of the respondent,",,,,
it may seem to the Court to be reasonable:,,,,
[Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far",,,,
as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.] ( emphasis",,,,
supplied ),,,,
Section 12 of Protection of Women from Domestic Violence Act, 2005",,,,
12. Application to Magistrate .,,,,
(1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate,,,,
seeking one or more reliefs under this Act:,,,,
Provided that …. …. ….,,,,
(2) x x x,,,,
(3) x x x,,,,
(4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by",,,,
the Court.,,,,
(5) The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first,,,,
Sr
No",Title of Case,"Date of
Judgment",Citation,"Gist of relevant directions issued in the
judgment
1,"Puneet Kaur
Versus
Inderjit Singh
Sawhney",12.9.2011,"2011(30)
RCR(Civil)
page 271","Both the parties were directed to furnish affidavits
as a regards their assets, income and expenditure
including details of salary, rental income, income
from other resources, bank deposits, investments,
properties held or sold, jewellery, household
gadgets, credit cards, club membership etc.
accompanied by supporting documents
detailed therein.
2
3","Kusum Sharma
Versus
Mahinder Kumar
Sharma","18.9.2014
14.1.2015","2015(5)
RCR(Civil)
page 75
2015(5)
RCR(Civil)
page 467","Directions were issued that henceforth all
petitions including petitions under Sections 9
to 13 of the Hindu Marriage Act shall be
accompanied by an affidavit of assets,
income and expenditure of the petitioner in
terms of the directions issued in Puneet
Kaur's case(supra).
The response to the such affidavit of assets,
income and expenditure was be filed within
two weeks thereafter and the case to be listed
for disposal of the application under Section
24 of the Hindu Marriage Act.
It was further directed that the aforesaid
procedure shall be followed in all cases
relating to maintenance under Hindu
Marriage Act, Protection of Women from
Domestic Violence Act, Hindu Adoption and
Maintenance Act as well as Section 125
Cr.P.C.
The directions issued earlier in judgment dated
18.9.2014 were slightly modified. A format of
“Affidavit of assets, income and Expenditureâ€
was formulated, forming part of the judgement as
Annexure 'A'. The documents required to be
annexed with affidavit were also detailed therein.
It was, thus, directed that the affidavit should be
filed in prescribed format only.
,"Kusum Sharma
Versus
Mahinder Kumar
Sharma",,,
4,"Kusum Sharma
Versus
Mahinder Kumar
Sharma",29.5.2017,"2017(241)
DLT 252","The format of the Affidavits required to be filed by
the parties as prescribed in Annexure 'A' in
accordance with earlier directions issued on
14.1.2015 was modified and fresh format of
affidavits was circulated as Annexure 'A-1'.
S.No.,Description,Particulars,,
1.,Name,,,
2.,Age,,,
3.,Residential Address,,,
4.,E-mail Address,,,
5.,Date of marriage,,,
6.,Date of separation,,,
7.,Educational qualifications,,,
8.,Professional qualifications,,,
9.,Occupation,,,
10.,Monthly income (as mentioned at serial no.45),,,
11.,Monthly expenditure (as mentioned at serial no.60),,,
12.,Whether you are assessed to Income Tax?,,,
13.,Whether you have sufficient income to support yourself?,,,
14.,"If not, whether you have claimed maintenance from your spouse?
If so, how much?",,,
15.,Whether you are staying at matrimonial home?,,,
16.,"If not staying at matrimonial home, relationship and income of the
person with whom you are staying.",,,
17.,Members of the family:,,,
,(a) Dependent,,,
,(b) Non-dependent,,,
18.,"Whether your spouse has claimed maintenance from you? If so,
how much?",,,
19.,"Whether you have voluntarily paid or willing to pay maintenance
to your spouse? If so, how much?",,,
20.,"Whether you are willing to pay litigation expenses to your
spouse? If so, how much?",,,
21.,Particulars of pending litigation between the parties,,,
22.,"Whether any maintenance order has been passed by any Court?
If so, give particulars and attach copy of the order?",,,
23.,"Whether the maintenance is being paid in terms of the aforesaid
order? If so, file the statement of maintenance paid upto date",,,
24.,Expenses incurred on this litigation,,,
25.,"Particulars of the bank account with name and address of the
bank for the purpose of payment from or receipt of maintenance,
as the case may be",,,
26.,"Name of your counsel and his/her mobile number and e-mail
address",,,
S.
No.",Description,Particulars,,
40.,In case of salaried persons:,,,
,(i) Designation,,,
,(ii) Name and address of the employer,,,
,(iii) Date of employment,,,
,"(iv) Gross Income including the salary, D.A.,
commissions/incentives, bonus, perks etc.",,,
,"(v) Perquisites and other benefits provided by the employer
including accommodation, cars/other automotive, sweeper,
gardener, watchman or personal attendant, gas, electricity, water,
interest free or concessional loans, holiday expenses, free or
concessional travel, free meals, free education, gifts, vouchers,
etc. credit card expenses, club expenses, use of movable assets
by employees, transfer of assets to employees, value of any other
benefit/amenity/service/privilege and
the value of such perquisites and benefits",,,
,(vi) Deductions from the gross income,,,
,(vii) Income Tax paid,,,
,(viii) Net income,,,
,(ix) Value of stock option benefits if provided by the employer,,,
,"(x) Pension and retirement benefits payable at the time of
retirement",,,
41.,In case of self-employed persons:,,,
,(i) Nature of business/profession,,,
,"(ii) Whether the business/profession is carried on as an individual,
sole proprietorship concern, partnership concern, company or
association of persons, HUF, joint family business or in any other
form. Give particulars of your share in the business/ profession.
In case of partnership, specify the share in the profit/losses of the
partnership",,,
,(iii) Number of employees,,,
,(iv) Annual turnover/gross receipts,,,
,(v) Gross Profit,,,
,,,,
,(vi) Net Income,,,
,(vii) Income Tax,,,
,"(viii) Details and value of benefits in kind, perks or other
remuneration e.g. provision of car, payment of accommodation
etc",,,
,(ix) Amount of regular monthly withdrawal or drawings,,,
42.,"In case the business/profession is carried on as a
Partnership Firm/Company:",,,
,(i) Registered/Corporate Office of the firm/company,,,
,"(ii) Information and particulars with regard to your shareholding,
involvement in the affairs and management of the firm/company",,,
,(iii) Director's/ Partner's remuneration :-,,,
,(a) Salary,,,
,(b) Interest,,,
,(c) Rent,,,
,(d) Commission,,,
,(e) Others,,,
,(iv) List of all the bank accounts of the firm/company,,,
,"(v) Location of the statutory records and books of account of the
firm/company.",,,
,"(vi) List of immovable assets, land and building etc. of the
firm/company.",,,
,(vii) Number of workmen/employees,,,
,(viii) Current value of your business interest(s),,,
,(ix) Current value of your business assets,,,
,"(x) List of directorships held, sitting fees, commission or any
other remuneration",,,
,"(xi) Net worth of the company in which you are Director along
with the number of shares held in the Company",,,
43.,Income from Other Sources:,",",,
,(i) Agricultural Income,,,
,(ii) Rent,,,
,(iii) Interest on bank deposits and FDRs,,,
,"(iv) Interest on investments including deposits, NSC, IVP, KVP
Post Office schemes, PPF, loans etc.",,,
,(v) Dividends,,,
,(vi) Mutual Funds,,,
,(vii) Annuities,,,
,"(viii) Lease of machinery, plant or furniture",,,
,(ix) Sale of movable/immovable assets,,,
,(x) Gifts,,,
44.,Any other income not covered above,,,
S.
No.",Description,,Amount(in Rs.),
46.,Housing,(i) Monthly rent,,
,,(ii) Mortgage payment(s),,
,,(iii) Repairs & Maintenance,,
,,(iv) Property tax,,
47.,Household expenditure,"(i) Groceries/Food
items/Personal care/clothing",x,
,,(ii) Water,,
,,(iii) Electricity,,
,,(iv) Gas,,
,,(v) Telephone/Mobile,,
,,"(vi) TV Cable/Set-top Bo
charges & Internet services",,
,,"(vii) Maintenance,
replacement and repair of
household items, appliances
and kitchenware.",,
,,(viii) Telephone,,
,,"(ix) Domestic full time/part
time helper(s)",,
,,(x) Others (specify),,
48.,Maintenance of Dependents,(i) Parents,,
,,"(ii) Children (as mentioned at
serial no.39)",,
,,(iii) Others,,
49.,Transport,(i) Private Transport,,
,,(a) Driver(s),,
,,(b) Fuel,,
,,(c) Repair/Maintenance,,
,,(d) Insurance,,
,,(e) Loan repayment,,
,,(ii) Public Transport,,
,,(a) Bus,,
,,(b) Taxi,,
,,(c) Metro,,
,,(d) Auto,,
,,,,
50.,Medical expenditure,(i) Doctor's Charges,,
,,(iii) Hospital,,
,,"(iv) Other medical
expenditure",,
,,(v) Others (specify),,
51.,Insurance,(i) Life,,
,,(ii) Annuity,,
,,(iii) Householders,,
,,(iv) Medi-Claim,,
52.,Entertainment and recreation,(i) Club,,
,,(ii) Health Club,,
,,(iii) Gym,,
53.,Holiday and vacations,,,
54.,Gifts,,,
55.,Legal/litigation expenses,,,
56.,Discharge of Liabilities,(i) Credit card(s) payment,,
,,(ii) Hire purchase/lease,,
,,(iii) Repayment of Loans,,
,,(a) House loan,,
,,(b) Car loan,,
,,(c) Personal loan,,
,,(d) Business loan,,
,,(e) Any other loan,,
,,(iv) Name of the lenders,,
,,(v) Mode of repayment,,
,,(vi) Instalment amount,,
,,(vii) Other personal liabilities,,
57.,Miscellaneous,"(i) Newspapers, magazines,
books",,
,,"(ii) Religious
contributions/Charities",,
,,(iii) Others (specify),,
58.,Pocket Money/Allowance,,,
59.,"Other expenditure
(Not specified above)",,,
60.,"TOTAL EXPENDITURE
(Give monthly expenditure)",,,
No.,,,,
,,"At the time of
marriage","At the time
of
Separation","Present
Present
Estimated
Market
61.,Real Estate Including,,,Value
,(i) Land,,,
,(ii) Built up properties,,,
,(iii) Lease hold properties,,,
,(iv) Agricultural land,,,
,"(v) Investment in real estate such as booking
of plots, flats and other immovable properties
in your name or in joint names.",,,
,(vi) Other properties,,,
,"Note 1. : - List your interest in properties,
including lease hold interest and mortgages,
whether or not you are registered as owner.",,,
,"Note 2. : - Provide legal descriptions and
indicate estimated market value of your
interest without deducting encumbrances or
costs of disposition.
(Record encumbrances under debts.)",,,
62.,Joint Properties,,,
,"(i) Properties presented at or about the time of
marriage, which belong jointly to both the
husband and wife. Give the status of their
possession.",,,
,"(ii) Other joint properties of the parties. Give
the status of their possession.",,,
,"(iii) Whether any litigation pending with
respect to the joint property? If so, give
particulars.",,,
63.,Liquid Assets:,"Account
Number","Name of
Bank","Current
Balance
,"(i) Details of all bank accounts including
Current, Savings and Demat Accounts in you
name, or joint name and balance in the said
account",(i),,
,,"r
(ii)",,
,,(iii),,
,,(iv),,
,(ii) Cash in Hand,,,
64.,Investments,Particulars,,"Current
Value
,"(i)Details of all investments you hold or, in
which you have interest and their current
value:",,,
,"a) FDRs, NSC, IVP, KVP, PosOt ffice
schemes, PPF etc.",,,
,"b) Deposits with Government and Non-
Government entities",,,
,"c) Stocks, shares, debentures, bonds, units and
mutual funds, etc.",,,
,,,,
,"d) Life and endowment policies and surrender
value",,,
,"e) Loan given to friends, relatives and others",,,
,"f) Other investments not covered by above
items",,,
65.,Pensions and Retirement Savings Plan,Particulars,"Maturity
amount",
,"Indicate name of institution where accounts
are held, name and address of pension plan
and pension details.",,,
66.,Corporate/Business Interests,Particulars,"Current
value",
,"List any interest you hold, directly or indirectly,
in any corporation, unincorporated business,
partnership, trust, joint venture and Association
of
Persons, Society etc.",,,
67.,Movable Assets,Particulars,"Current
value",
,"(i) Motor Vehicles (List cars, motorcycles,
scooters etc. along with their brand and
registration number)",,,
,(ii) Livestock,,,
,(iii) Mobile phone(s),,,
,(iv) Computer/Laptop,,,
,"(v) Other electronic gadgets including I-pad
etc.",,,
,"(vi) TV, Fridge, Air Conditioner, Microwave,
Washing machine, etc.",,,
,(vii) Other household and kitchen appliances,,,
,"(viii) Quantity of gold, silver and diamond
jewellery",,,
,(ix) Quantity of Silver Utensils,,,
68.,Intangible properties,,,
,"Including patents, trademark, copyright design
and goodwill and their value",,,
69.,About disposal of properties,Particulars,"Present
Estimated
market
value",
,"Particulars of properties (movable as well as
immovable) sold/agreed to be sold between the
date of marriage till the date of filing of this
affidavit and the sale consideration received
from
the purchaser",,,
70.,Others,Particulars,"Estimated
current
value",
S.
No.",Description,Particulars,,
74.,"Particulars of residential accommodation where your are presently
staying (in sq. feet)",,,
75.,"Who is the owner of the residential accommodation? In case of rented
accommodation, specify the monthly rent",,,
76.,Number of part-time/full time domestic helpers and their wages,,,
77.,Average monthly withdrawal from bank(s),,,
78.,Mode of travel in city/outside city,,,
79.,"Membership of clubs/health clubs/gyms, societies and other
associations. Specify the membership fee and subscription",,,
80.,"Particulars of credit/debit card(s), its limit and usage",,,
81.,Particulars of frequent flier cards,,,
82.,"Frequency of foreign travel, business as well as personal",,,
83.,"Category of hotels ordinarily used for stay, official as well as personal",,,
84.,"Category of hospitals opted for medical treatment including type of
rooms",,,
85.,"Brand of vehicle, mobile and wrist watch, pen, sunglasses, wallet/bags.",,,
86.,"Expenditure ordinarily incurred on family functions including birthday of
the children",,,
87.,Expenditure ordinarily incurred on festivals,,,
88.,Expenditure incurred on marriage of family members,,,
89.,Status of the deponent and his/her family:,,,
,- High,,,
S.
No.",Description,Please Tick,,
,,Attached,"Not
Applicable",To follow
7.,"Statement of Account of all bank accounts including
current, savings and Demat accounts for last 3
years",,,
8.,"Income Tax Return(s) along with Statement of
Income and Annexures for last 3 years",,,
9.,In case of Salaried Persons,L,,
,"(i) Appointment letter along with salary structure at
time of appointment.",,,
,(ii) Last Salary Slip,,,
,"(iii) Forms 16, 16A, 12BA & 26AS",,,
,"(iv) Cost to Company Certificate and CIBI
Certificate, wherever applicable",,,
,(v) Copies of TDS certificates,,,
10.,In case of self-employed persons,,,
,(i) Balance Sheet and Profit & Loss Account,,,
,"(ii) Balance Sheet and Profit & Loss Account of
the proprietorship firm, if the business is carried on
in the name of a sole proprietorship concern",,,
,"(iii) Balance Sheet and Profit & Loss Account of
the partnership firm, if the deponent is a partner in a
firm along with the Schedule showing the
distribution of partners' remuneration and share of
profits/losses of the partnership firm and the copy
of the partnership deed",,,
,,,,
,"(iv) Balance Sheet and Profit & Loss Account of
the Company in which the deponent is a Director",,,
,"(v) Balance Sheet and Profit & Loss Account of
the Association of Persons, HUF, Joint Famil
business or trust in which the deponent has share",y,,
,"(vi) Copy of account of the deponent in the books
of the business",,,
,(vii) Copies of TDS certificates,,,
11.,In case of Income from other sources:,,,
,"(i) Lease Deed(s)/Rent Agreement(s) /Licence
Agreement(s) in respect of the rental income",,,
,"(ii) Interest Certificate in respect of the interest
income on deposits and investments",,,
,"(iii) Dividend Certificates in respect of dividend
income",,,
,(iv) Demat holding Statement,,,
,"(v) Sale Deed(s)/transfer documents in respect of
the profit on sale of property/properties",,,
12.,"Other relevant documents relating to
Income/Assets",,,
13.,Other relevant documents relating to liabilities,,,
,,,,
,"(xvi) Other relevant documents relating to
Expenditure",,,
Kharbanda v. Vimal Bindal, (2013) 198 DLT 555 which may be referred to. In appropriate cases, the Court may direct a party to file an",,,,
additional affidavit relating to his assets, income and expenditure at the time of marriage and/or one year before separation and/or at the",,,,
time of separation.,,,,
10. If the statements made in affidavit of assets, income and expenditure are found to be incorrect, the Court shall consider its effect while",,,,
fixing the maintenance. However, an action under Section 340 Cr.P.C., 1973 is ordinarily not warranted in matrimonial litigation till the",,,,
decision of the main petition.,,,,
11. At the time of issuing notice the maintenance application, the Court shall consider directing the petitioner to deposit such sum, as the",,,,
Court may consider appropriate for payment to the respondent towards interim litigation/part litigation expenses. However, in cases such",,,,
as divorce petition by the wife who unable to support herself and is claiming maintenance from the respondent husband, it may not be",,,,
appropriate to direct the petitioner-wife to pay the litigation expenses to the respondent- husband.,,,,
12. The interim litigation expenses directed by the Court at the stage of issuing notice, does not preclude the respondent from seeking further",,,,
litigation expenses incurred by the respondent at a later stage. The Court shall consider the respondent's claim for litigation expenses and,,,,
pass an appropriate order on the merits of each case. Modified Directions dated 6th December, 2017.",,,,
13. If the disposal of maintenance application is taking time and the delay is causing hardship, ad-interim maintenance be granted to the",,,,
claimant spouse on the basis of admitted income of the respondent.,,,,
14. In respect of the claims of permanent alimony under section 25 of the Hindu Marriage Act, the Court may direct the parties to file",,,,
affidavits of their assets, income and expenditure, if the same has not already been filed by the parties.",,,,
15. The aforesaid directions/guidelines be followed in all matrimonial cases including cases under Hindu Marriage Act, 1955, Protection",,,,
of Women From Domestic Violence Act, 2005 Section 125 Cr.P.C, Hindu Adoption and Maintenance Act, 1956, Special Marriage Act, 1954,",,,,
Indian Divorce Act, 1869, Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956.â€",,,,
19. A perusal of the above reproduced format of “Affidavit of assets, income and expenditure†would show that a very detailed and",,,,
comprehensive format has been prepared which virtually takes into account almost all the possible sources of income. Apart from sources of income,",,,,
the financial status of a party can well be gauged from the expenditure incurred by,,,,
such party. The chances of reaching at a more accurate assessment regarding the financial status are increased in case the proper information,,,,
regarding expenditure is there which could take care of a situation where specific sources of income are not forthcoming. The format 'Annexure A-1',",,,,
reproduced above also defines the details of expenditure which would normally be incurred by the parties.,,,,
20. Although in the first blush the aforesaid format may appear to be a bit too comprehensive and detailed but it would certainly serve the purpose,,,,
effectively for which it has been prescribed. The learned counsel have informed that pursuant to the directions issued by Delhi High Court Kusum,,,,
Sharma's case in the year 2014, the Family Courts in Delhi are adhering to the practice of insisting upon the parties to furnish “Affidavits of assets",,,,
income and expenditure†and the said practice has yielded the desired results.,,,,
21. The best practices should always be followed particularly if the same are for furtherance of efficient and effective justice dispensation. Furnishing,,,,
of such affidavits would check the practice of playing “hide and seek†game in such cases where an attempt is made by a party to conceal the,,,,
income and not come out with resources forcing the other party to make tiring efforts to collect information which would otherwise be readily,,,,
available with such party. Sometimes the information is such the existence of which, a party can not even deny. As discussed above, the Courts",,,,
handling such matters, particularly Family Courts, are competent to devise their own procedure for eliciting requisite information, though of course",,,,
within the broad framework of law.,,,,
22. Consequently, the following directions are issued to Family Courts in the States of Punjab, Haryana and UnionT erritory of Chandigarh and also to",,,,
all Courts handling matrimonial litigation in the said states:,,,,
(i) the Courts shall insist upon the parties to furnish “Affidavit of assets, income and expenditure†in the format reproduced above;",,,,
(ii) the Courts shall generally follow the directions issued in Kusum Sharma's case, as have been reproduced above;",,,,
(iii) the Courts would be at liberty to modify the format and the directions as may be deemed necessary in the facts and circumstances of the case;,,,,
(iv) in exceptional cases, the Court may also dispense with the aforesaid requirement of furnishing affidavits especially in cases where the parties",,,,
belong to the lowest strata of society and are absolutely not likely to be possessed of the sources detailed in the format or where the Court is of the,,,,
opinion that directing the party to furnish such affidavit would cause unnecessary inconvenience to the party and is not likely to render any,,,,
fruitful purpose;,,,,
(v) in case it is found that any of the party is making a deliberate attempt to conceal vital information or is trying to mislead the Court, then apart from",,,,
the penal action which may be warranted on account of such concealment/false statement, it shall be open to the Court to consider drawing an",,,,
adverse inference against such party if the conduct of such party so warrants;,,,,
(vi) these guidelines be followed in all matrimonial cases including cases under Hindu Marriage Act, 1955, Protection of Women From Domestic",,,,
Violence Act, 2005, Section 125 Cr.P.C, Hindu Adoption and Maintenance Act, 1956, Special Marriage Act, 1954, Indian Divorce Act, 1869,",,,,
Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956.",,,,
(vii) the Courts concerned may also issue directions to the parties with regard to filing of requisite affidavits even in pending cases in case it is felt that,,,,
the parties are not forthcoming with the requisite information with regard to their sources of income;,,,,
(viii) the Courts would be competent to issue any direction at any stage of the proceedings to any of the parties to elicit such information as may be,,,,
required to reach at a just decision in the matter pertaining to award of maintenance;,,,,
(ix) in case it is found that requisite information as regards resources of any of the parties is not forthcoming, the Courts could even consider",,,,
appointment of a local commissioner to visit the place of abode or business of any of the parties so as to get an idea about the standard of living and,,,,
social status of the parties.,,,,
23. As already indicated above, the trial Courts concerned would be at liberty to suitably modify any of the aforesaid directions for reaching at a just",,,,
decision and to achieve the underlying purpose of the beneficial provisions of social legislation. The Registrar General of this Court shall ensure that a,,,,
copy of this judgement is conveyed to all the District and Sessions Judges in States of Punjab and Haryana and also UnionT erritory of Chandigarh,,,,
who shall further circulate the same to all Judicial Officers working in their respective Sessions Divisions. A copy of this judgement be also sent to the,,,,
Director, Chandigarh Judicial Academy so as to apprise the newly recruited Judicial Officers undergoing training, about the aforesaid guidelines.",,,,
24. This Court appreciates the valuable assistance rendered in the matter by both the learned counsel.,,,,
