The divorce petition filed by the respondent-husband was allowed by the Family Court on 10.09.2022. From a perusal of the order passed by the Family Court awarding maintenance of 20,000/- per month to the appellant (minor daughter), it is evident that the court had considered the material placed before it. It was noticed that the terms of maintenance are decided on the basis of pleadings of parties and on the basis of some amount of guess work. Keeping in mind the need for a uniform format of Affidavit of Disclosure of Assets and Liabilities to be filed in maintenance proceedings, this Court considers it necessary to frame guidelines in exercise of our powers under Article 136 read with Article 142 of the Constitution of India: 72.1. ( a ) The Affidavit of Disclosure of Assets and Liabilities annexed at Enclosures I, II and III of this judgment, as may be applicable, shall be filed by the parties in all maintenance proceedings, including pending proceedings 5 before the Family Court/District Court/Magistrate’s Court concerned, as the case may be, throughout the country; 72.2. ( f )
If there is any dispute with respect to the declaration made in the Affidavit of Disclosure, the aggrieved party may seek permission of the court to serve interrogatories, and seek production of relevant documents from the opposite party under Order 11 CPC.
The court may invoke Section 106 of the Evidence Act, 1872 if necessary, since the income, assets and liabilities of the spouse are within the personal knowledge of the party concerned.
If during the course of proceedings, there is a change in the financial status of any party, or there is a change of any relevant circumstances, or if some new information comes to light, the party may submit an amended/supplementary affidavit, which would be considered by the court at the time of final determination. Extra coaching classes or any other vocational training courses to complement the basic education must be factored in, while awarding child support. Please provide the current residential address of matrimonial home or place of residence and details of ownership of residence, if owned by other family member. Particulars of any ongoing or past legal proceedings with respect to maintenance or child support between the Applicant and Non-Applicant. If yes, provide details of the quantum of maintenance awarded in the proceedings. Whether either party or child/children or any other dependent family member is suffering from life-threatening diseases, which would entail expensive and regular medical expenditure?
Towards expenses, if any, of any extra educational, vocational or professional/educational course, specialised training or special skills programme of dependent children.
If engaged in the private sector, furnish a certificate provided by the employer stating the designation and gross monthly income of such person, and Form 16 for the relevant period of current employment. Assets (movable and immovable) owned by the Deponent 1.
Properties jointly owned by the parties after marriage: 3. Status of possession of immovable property and details of rent, if leased: 6. Whether the business/profession/self-employment is carried on as an individual, sole proprietorship concern, partnership concern, LLP, company or association of persons, HUF, joint family business or any other form?
In case of self-employed individual, provide the filings of the last Income Tax Return from any such professional/business/vocational activity. Details of current employment and latest income in foreign currency of such applicant/spouse, duly supported by relevant documentation of employment and income from such foreign employer or overseas institution by way of employment letter or testimonial from foreign employer or overseas institution or latest relevant bank statement. I understand that any false statement in this affidavit, apart from being contempt of court, may also constitute an offence under Section 199 read with Sections 191 and 193 of the Indian Penal Code punishable with imprisonment up to seven years and fine, and Section 209 of the Indian Penal Code punishable with imprisonment up to two years and fine.
Nature of land : whether wet land or dry land. Whether such land is agricultural land or non-agricultural land: 6.
I declare that I have made a full and accurate disclosure of my income, expenditure, assets and liabilities from all sources.
I declare that I have no assets, income, expenditure and liabilities other than as stated in this affidavit. I understand that any false statement in this affidavit, apart from being contempt of court, may constitute an offence under Section 199 read with Sections 191 and 193 of the Indian Penal Code punishable with imprisonment up to seven years and 14 fine, and Section 209 of the Indian Penal Code punishable with imprisonment up to two years and fine. I declare that I have made a full and accurate disclosure of my income, expenditure, assets and liabilities from all sources. I understand that any false statement in this affidavit, apart from being contempt of court, may also constitute an offence under Section 199 read with Sections 191 and 193 of the Indian Penal Code punishable with imprisonment up to seven years and fine, and Section 209 of the Indian Penal Code punishable with imprisonment up to two years and fine. Separate Affidavits were provided for agrarian and non- agrarian deponents as the particulars to be furnished by the deponents living in the urban areas are entirely different from those who are living in rural and tribal areas. However, at the same time, the respondent husband cannot be absolved from his liability and responsibility to maintain his son Pranav till he attains the age of majority. A perusal of the order passed by the High Court shows that the amount of maintenance awarded to the appellant was reduced from 20,000/- to 7,500/- per month, merely noticing that earlier, the respondent was in business.
Case Title: ADITI ALIAS MITHI Vs. JITESH SHARMA
Case Number: Crl.A. No.-003446-003446 / 2023
