Allow Cookies!
By using our website, you agree to the use of cookies
The affidavit filed under, Hindu Marriage Act, Indian Divorce Act, Domestic Violence Act, Special Marriage Act and Section 125 CrPC, ordered certain modifications by Delhi High Court.
In the case of Kusum Sharma v Mahindra Sharma, the Delhi High Court directed modification of the affidavit of income, assets, and expenditure in order for the Family Court to determine the maintenance in matrimonial litigations. These modifications will be applied to the all litigation during proceedings under Special Marriage Act, 1954, Hindu Marriage Act, 1955, Hindu Adoption and Maintenance Act, 1956, Hindu Minority and Guardianship Act, 1956, Indian Divorce Act, 1869, Section 125 Cr.P.C, Guardians and Wards Act, 1890 and Protection of Women from Domestic Violence Act, 2005. The order was passed by a Single-member Bench Judge Justice JR Midha.
“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 special attention and the maintenance applications should be decided expeditiously.”
-Delhi High Court has ordered.
The order seeks the following broader and comprehensive modifications:
“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 order was passed to maintain liberty by the Family Court while determining the maintenance. The Family Court is given the power to seek information necessary along with directing the parties to submit such relevant nature of information required to establish their financial status before the court. The reasons for the Family Court to be recorded along with the relevant documents as stated while deciding cases of lowest strata.
The other guidelines in lieu of the proceedings for maintenance are as follows:
The pending cases need to file such affidavit by December 31, 2021. The court has further asked the Parliament to incorporate such filing of a mandatory affidavit in the provisions of the respective statutes.
86540
103860
630
114
59824