Affidavit of assets etc in maintenance applications to be filed after pleadings, Delhi High Court

The Delhi High Court has directed that the affidavit of assets, income and expenditure required in maintenance applications under Section 24 of the Hindu Marriage Act should be filed simultaneously by both the parties, after the completion of pleadings..The said direction was passed by the Court in order to avoid any undue advantage to the party who files his /her affidavit of assets, income and expenditure later..The Court had delivered a judgment in 2015 in the matter between Kusum Sharma and Mahinder Kumar Sharma, wherein it had laid down certain guidelines for expeditious hearing and disposal of maintenance applications including mandatory filing of an affidavit of assets, income and expenditure by both the parties in matrimonial disputes..Senior Advocate Sunil Mittal, who is the Amicus Curiae in the matter, submitted that the filing of the affidavit along with the petition gives undue advantage to the respondent. It was further submitted that substantive pleadings get delayed due to the time taken in collecting the documents and filing of the affidavits..It was suggested that in appropriate cases, the Family Courts should have the discretion to dispense with the affidavit or modify the information required from the parties such as cases where the respondent agrees to pay maintenance without contesting the application for maintenance..Further, it was also suggested that the litigants belonging to the lowest strata of the society find it difficult to file the affidavit and therefore could be exempted from filing..Reena Singh Nag, Addl. Principal Judge, Family Court (West) suggested that instead of the filing of the affidavit along with the petition and the written statement, it would be appropriate to direct both the parties to simultaneously file their affidavits, after the completion of the pleadings, in the maintenance application..Agreeing with the proposition, the Single Judge Bench of Justice JR Midha observed that,.“The simultaneous filing of the affidavit after the completion of the pleadings in the maintenance application would also give reasonable time to the parties to prepare their affidavits and compile the relevant documents and would avoid the delays.”.The Court directed the Registrar General to circulate the order to all the District Judges and Family Courts and ensure that the modified directions along with the modified format of affidavit of assets, income and expenditure and its Hindi translation are uploaded on the website of District Courts/ Family Courts and are also displayed on their Notice Board by December 21, 2017..Read the order below.