Delhi HC modifies affidavit of assets, income and expenditure to be filed in matrimonial litigation for maintenance

The Delhi High Court has modified the affidavit of assets, income and expenditure which is to be filed by parties to determine the quantum of maintenance in matrimonial litigation before Family Courts. (Kusum Sharma vs Mahinder Sharma).The modified affidavit, as well as the guidelines issued by the Court, shall apply to 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..The Courts shall ensure that the filing of the affidavits by the parties is not reduced to a mere ritual or formality.. Matrimonial jurisdiction deserves a special attention and the maintenance applications should be decided expeditiously.Delhi High Court has ordered. .An order to be this effect was passed by a Single Judge Bench of Justice JR Midha. .The new modified affidavit is much more comprehensive and broadly seeks the following details from a party:.Salaried Person: Particulars of his employment including salary, D.A., commissions, incentives, bonus, perks, perquisites, other benefits, Income tax etc.Self-employed Person: Nature of business/ profession, share in the business, net worth of the business, number of employees, annual turnover/gross receipts, gross profit, Income Tax, net income and regular monthly withdrawal/drawings from the business.Other Sources of income: Income from agricultural income, rent, interest on bank deposits and other investments, dividends, mutual funds, annuities, profit on sale of movable/immovable assets etc.Assets: Particulars of the immovable properties, financial assets including bank accounts, DEMAT accounts etc; investments including FDRs, stocks, shares, insurance policies; movable assets including motor vehicles, mobiles, computer, laptop, electronic gadgets, gold, silver and diamond jewellery etc.; intangible assets; garnishee(s)/trade receivables; corporate/business interests; disposal and parting away of properties; properties acquired by the family members, inheritance.Standard of living: Details regarding credit/debit cards, membership of clubs and other associations, loyalty programmes, social media accounts, domestic helps and their wages, mode of travel in city and outside city, category of hotels, category of hospitals for medical treatment, frequency of foreign travel, frequent flyer cards, brand of the mobile, wristwatch, pen, expenditure ordinarily incurred on family functions, festivals and marriage of family members etc.Expenditure: Expenditure on housing, household expenditure, maintenance of dependents, transport, medical expenditure, insurance, entertainment, holiday and vacations, litigation expenses, discharge of liabilities etc..As per Court’s direction, the parties will simultaneously file the affidavits of their assets, income and expenditure upon completion of the pleadings in the maintenance application..“The simultaneous filing of the affidavit by the parties is very important and should be strictly adhered to. The simultaneous filing of the affidavit by the parties would avoid any undue advantage to the party who files his/her affidavit later. It is clarified that the affidavit of assets, income and expenditure is not to be filed along with the petition/application/ or written statement/reply.”Delhi High Court has said. .The Court has stated that the affidavit of assets, income and expenditure is to be treated as "guidelines to determine the true financial capacity/status of the parties". .It is further clarified that the Family Courts/Courts concerned are at liberty to determine the nature and extent of information/documents necessary and to direct the parties to disclose relevant information and documents to determine their financial capacity/status. .In appropriate cases, such as cases belonging to the lowest strata of the society or case of a litigant who is a permanently disabled/paralytic, the Family Courts/Courts concerned may, for reasons to be recorded, dispense with the requirement of filing of the affidavit or modify the information required, the Court has stated. .Some of the other guidelines issued by the Court with respect to proceedings for maintenance are as follows:.- In pending maintenance cases, if the parties are yet to file the affidavit of their assets, income and expenditure, the Family Court/Court concerned shall direct the parties to file their affidavit in the new format. - In appropriate cases, Family Court/Court concerned may order interrogatories, discovery, inspection, production of any document and/or order any fact to be proved by affidavit under Section 30 of the Code of Civil Procedure. The Court shall, thereafter, consider whether the oral examination of the party is necessary under Section 165 of the Evidence Act.- If the admitted income of the parties is on record, ad-interim maintenance can be fixed on the basis of the admitted documents pending filing of the affidavit of the assets, income and expenditure by both the parties.- If any party delays in filing of the affidavit or if the affidavit is not in terms of the directions etc, ad-interim maintenance can be fixed after hearing the parties.- If the statements made in affidavit of assets, income and expenditure are found to be incorrect, the Court shall consider its effect by drawing an adverse inference or imposing additional cost, while fixing the maintenance.- At the time of passing a decree of divorce, the Court shall bring to the notice of the concerned party that he/she can claim permanent alimony without prejudice to his/her right to challenge the decree of divorce. - If the party seeks permanent alimony, the Court shall fix the permanent alimony on the basis of the affidavits of assets, income and expenditure, after hearing both the parties. - If the affidavits have not been filed at the stage of fixing the permanent alimony, the Court shall direct the parties to file the same before fixing the permanent alimony..Considering the need to expedite proceedings for grant of maintenance, the Court has also sought from the Principal Family Judge, Family Court the list of all pending maintenance cases which are more than one year old, by December 31, 2020. .Futher, the Court has also asked the Central Government to consider incorporating the mandatory filing of the affidavit of assets, income and expenditure by the parties in a detailed prescribed form in the statutes. .The matter would be heard next on December 18 for the purposes of considering the feedback/comments of the Family Courts after the implementation of the modified directions/guidelines..Senior Advocate Sunil Mittal and Advocate Anu Narula acted as the Amicus Curiae with Advocates Seema Seth, Dhruv Grover..The Court has also placed on record its appreciation for the extensive research on corresponding law in other countries by Akshay Chowdhary, Law Researcher..The Modified Affidavit is attached with the Judgement as Annexure 2. .Read the Judgement: