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KUSUM SHARMA Vs. MAHINDER KUMAR SHARMA

Judgements favoring men

 
Court:DELHI HIGH COURT

Bench: JUSTICE J.R. Midha

KUSUM SHARMA Vs. MAHINDER KUMAR SHARMA On 6 December 2017

Law Point:
Affidavit of assets, income and expenditure should be filed simultaneously by both parties, after completion of pleadings in maintenance application, to avoid any undue advantage to party who files his/her affidavit of assets, income and expenditure later. Simultaneous filing of affidavit after completion of pleadings in maintenance application would also give reasonable time to parties to prepare their affidavits and compile the relevant documents and would avoid delays.

 

 

JUDGEMENT

 

1. Section 24 of the Hindu Marriage Act empowers the Court to award maintenance pendente lite and litigation expenses to a party who has no independent income sufficient for his/her support in proceedings pending under the Hindu Marriage Act, 1955, having regard to the income of the parties. The Proviso to Section 24 provides that application under Section 24 shall be disposed of within 60 days of the date of service of notice on the opposite party.

2. Vide judgment dated 14th January, 2015, this Court laid down the guidelines for expeditious hearing and disposal of maintenance applications under Section 24 of Hindu Marriage Act. This Court considered the Best International Practices with respect of the mandatory filing of an affidavit of assets, income and expenditure by both the parties in matrimonial disputes. This Court formulated an affidavit of assets, income and expenditure to be filed by both the parties at the very threshold of the litigation. This Court sought the response of the Courts below on the working of the guidelines and further suggestions. On 29th May, 2017, the guidelines were partly modified. Further suggestions have been received from the learned amicus curiae as well as the Family Court which warrant further modification of the guidelines dated 14th January, 2015 and 29th May, 2017.

3. Mr. Sunil Mittal, learned amicus curiae submits that the affidavit of assets, income and expenditure of the parties be taken after completion of the pleadings, in the maintenance application. It is submitted that the filing of the affidavit along with the petition gives undue advantage to the respondent. It is further submitted that the substantive pleadings get delayed due to the time taken in collecting the documents and filing of the affidavits. Learned amicus curiae seeks clarification that the format of the affidavit of assets, income and expenditure has to be used by the Courts as guidelines to determine the income of the parties. It is further suggested that in appropriate cases, the Family Courts should have discretion to dispense with the affidavit or modify the information required from the parties in the affidavit. It is submitted that the litigants belonging to the lowest strata of the society find it difficult to file the affidavit. It is further submitted that the affidavit of assets, income and expenditure may not be necessary in some cases, such as cases where the respondent agrees to pay the maintenance without contesting the application for maintenance or where parties belong to the lowest strata of the society. Reference is made to Sections 9 and 10 of the Family Courts Act, 1984 and Section 28(2) of the Protection of Women form Domestic Violence Act, 2005 which empowers the Courts to formulate such procedure as it deems fit.

4. Ms. Reena Singh Nag, Addl. Principal Judge, Family Court (West) has 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. It is further suggested that the party seeking maintenance be directed to give the particulars of his/her savings bank account in the maintenance application itself so that the opposite party can be directed to deposit/transfer the maintenance amount directly in that savings bank account.

5. Ms. Anu Narula, learned amicus curiae submits that it is the duty of the Court to make an endeavour to bring reconciliation between the parties in the first instance before proceeding to grant any relief to the parties in matrimonial matters. Reference is made to Order 32A Rule 3 of the Code of Civil Procedure, 1908; Section 9 of the Family Courts Act, 1984; Section 23(2) of the Hindu Marriage Act, 1955 and Section 34(2) of the Special Marriage Act, 1955. It is submitted that reconciliation efforts be directed to be taken up by the Courts immediately after the filing of the affidavit of assets, income and expenditure by the parties but before commencement of the hearing on the maintenance application.

6. On careful consideration of the suggestions of the Family Courts and the learned amicus curiae, this Court is of the view that the affidavit of assets, income and expenditure should be filed simultaneously by both the parties, after completion of pleadings in the maintenance application, to avoid any undue advantage to the party who files his/her affidavit of assets, income and expenditure later. 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.

7. The judgments dated 14th January, 2015 and 29th May, 2017 are modified to the following extent:

8.1. Paras 19.2, 19.4, 19.5 and 19.6 of the judgment dated 14th January, 2015 are recalled. After completion of the pleadings in the maintenance application, both the parties shall simultaneously file their affidavits of assets, income and expenditure. It is clarified that the filing of the affidavit of assets, income and expenditure shall not be mandatory to be filed along with the petition and the written statement, as directed earlier. After the completion of the pleadings, in the maintenance application, the Court shall fix the date for reconciliation and the parties shall simultaneously file their affidavits before the Family Court at the commencement of the reconciliation. In the event of the failure of the reconciliation efforts, the Court shall grant time to the parties to respond to the affidavits of the opposite parties and fix the case for hearing on the maintenance application.

8.2. Paras 19.21 and 19.22 of the judgment dated 14th January, 2015 are clarified to the extent that the orders dated 18th September, 2014, 14th January, 2015 and the judgement dated 29th May, 2017 as well as this order are guidelines for the Courts below to determine the true income of the parties and the Courts are at liberty to determine the nature and extent of information/documents necessary and shall pass appropriate directions as may be considered necessary to do complete justice between the parties. It is clarified that in appropriate cases such as the cases belonging to the lowest strata of the society or case of a litigant who is a permanently disabled/paralytic, the Court may, for the reasons to be recorded, dispense with or modify the information required from the parties.

8.3. Para 24 of the order dated 14th January, 2015 is clarified to the extent that the directions with respect to the filing of the affidavit have been issued to ensure that the maintenance orders are passed expeditiously without any delay. Reference is made to Section 24 of the Hindu Marriage Act which prescribes a time limit of 60 days for passing of the maintenance order. The Courts shall endeavour to expedite the hearing and disposal of the maintenance application and directions have been issued by this Court to ensure that the true income of the parties is determined expeditiously and the maintenance orders are passed without any undue delay.

8.4. The direction contained in para 6 of the judgement dated 29th May, 2017 is recalled and, therefore, the summons issued to the respondent shall not contain the endorsement mentioned therein.

8.5. The directions contained in para 19.9 and 19.10 are recalled and are substituted with the directions that the Courts shall direct the parties to file the affidavits of their assets, income and expenditure while adjudicating the claims under Sections 25 of the Hindu Marriage Act.

8.6. The direction contained in para 19.5 is modified and substituted with the direction that if the affidavit is not accompanied with all the relevant documents, then the Court shall take the affidavit on record and grant reasonable time to the parties to remove the defects/deficiencies.

9. The modified directions and the modified format of the affidavit of assets, income and expenditure are annexed to this order. The modified directions be implemented w.e.f. 1st January, 2018.

10. Copy of this order be sent to the Registrar General of this Court who shall circulate it to all the District Judges and Family Courts. The Registrar General shall ensure that the modified directions along with Annexure A1 i.e. 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 21st December, 2017. The Family Courts shall display on their Notice Board by 21st December, 2017 that the affidavit of assets, income and expenditure is not mandatory to be filed along with petition or written statement. The Courts shall immediately remove the endorsement directed to be incorporated on the summons vide judgement dated 29th May, 2017.

11. Learned amicus curiae submits that the matter be kept pending for seeking modified feedback/comments of the Family Courts after implementation of the modified directions/guidelines.

12. The Courts below dealing with the cases shall send their response to the implementation of the modified directions/guidelines. The suggestions for further improving the system are also invited from the Courts below.

13. List on 12th February, 2018.

14. This Court appreciates the assistance rendered by Mr. Sunil Mittal, Senior Advocate and Ms. Anu Narula, Advocate as amicus curiae. The Court also appreciates the suggestions of Ms. Reena Singh Nag, Addl. Principal Judge, Family Court (West) in this matter.

15. Copy of this order be given dasti under the signature of the Court Master to learned amicus curiae.

MODIFIED DIRECTIONS DATED 6TH DECEMBER, 2017

1.

The affidavit of assets, income and expenditure of both the parties is useful to determine the income of the parties in all matrimonial cases. Applying the principles laid down in Section 10(3) of the Family Courts Act, 1984 read with Section 165 of the Indian Evidence Act, relating to the duty of the Court to ascertain the truth and Section 106 of the Indian Evidence Act relating to the duty of the parties to disclose their income, this Court has formulated the format of the affidavit of assets, income and expenditure attached hereto as ‘Annexure A1’. The documents required to be filed along with the affidavit are prescribed in the format of the affidavit.

2.

The affidavit of assets, income and expenditure is to be treated as guidelines to determine the true income of the parties. The Courts is at liberty to determine the nature and extent of information/documents necessary and shall direct the parties to disclose such relevant information and documents to determine their true income. The Courts are at liberty to pass appropriate directions as may be considered necessary to do complete justice between the parties and in appropriate cases, such as the cases belonging to the lowest strata of the society or case of a litigant who is a permanently disabled/paralytic, the Court may, for reasons to be recorded, dispense with the requirement of the filing of the affidavit or modify the information required.

3.

While formulating the affidavit—Annexure A1, this Court considered Best International Practises mentioned in para 18 of the judgement dated 14th January, 2015. However, this Court has only incorporated important questions and documents though many more questions and documents were considered, which would have complicated the affidavit and caused inconvenience to the litigants. The Courts are at liberty to consider Best International Practises mentioned in para 18 of the judgement dated 14th January, 2015 as the guidelines for seeking relevant information and documents.

4.

Upon completion of the pleadings in the maintenance application, the Court shall fix the date for reconciliation and direct the parties to file their affidavits of their assets, income and expenditure simultaneously at the commencement of the reconciliation. It is clarified that the filing of the affidavit of assets, income and expenditure is no more mandatory to be filed along with the petition and the written statement, as directed earlier. The Court shall also direct the party seeking maintenance to produce the passbook of his/her savings bank account in which maintenance can be deposited/transferred.

5.

The Court shall simultaneously take on record the affidavit of assets, income and expenditure of both the parties. If the affidavit of a party is not accompanied with all the relevant documents, the Court may take the affidavit on record and grant reasonable time to file the relevant documents.

6.

In the event of the failure of the reconciliation efforts, the Court shall grant time to the parties to respond to the affidavit of the opposite party and list the case for hearing on the maintenance application.

7.

In pending cases of maintenance, the Court may direct the parties to file the affidavit of their assets, income and expenditure, if the parties have not already disclosed their true income.

8.

If a party makes concealment or false statement in his/her affidavit, the opposite party shall disclose the particulars of the same in his/her response to the affidavit along with the material to show concealment or false statement. 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 of the Code of Civil Procedure.

9.

The Court shall ensure that the filing of the affidavits by the parties is not reduced to a mere ritual or a formality. Whenever the opposite party discloses sufficient material to show concealment or false statement in the affidavit, the Court may consider examining the deponent of the affidavit under Section 165 of the Evidence Act to elicit the truth. The principles relating to the scope and powers of the Court under Section 165 of the Evidence Act have been summarized in Ved Prakash Kharbanda v. Vimal Bindal, 198 (2013) 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. 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.

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.

ANNEXURE-A1

(FORMAT OF AFFIDAVIT OF ASSETS, INCOME AND EXPENDITURE TO BE FILED BY THE BOTH PARTIES)

AFFIDAVIT

I ____________________________, son of / wife of _________aged about_________ _______ years, resident of _______________ do hereby solemnly declare and affirm as under:

PART-I

PERSONAL INFORMATION RELATING TO THE DEPONENT

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

PART-II

RELEVANT INFORMATION RELATING TO THE SPOUSE

27.

Educational and professional qualifications of your spouse

28.

Whether your spouse was/is earning? If so, give particulars of the occupation and income of your spouse.

29.

Whether your spouse is staying at matrimonial home. If not, whether he/she is staying at his/her own accommodation or at a rented accommodation? If staying at a rented accommodation, what is the rent being paid by him/her?

30.

Particulars of the assets and liabilities of your spouse

31.

Do you have any documents relating to the income, assets and expenditure of your spouse? If so, give the particulars and attach copies thereof?

PART-III

RELEVANT INFORMATION RELATING TO THE CHILDREN

32.

Children from the marriage with their name and age

33.

Who has the custody of the minor children

34.

Name and address of school(s) where the children are studying

35.

Who is bearing the expenditure of Children’s education

36.

How much expenditure has been incurred on the children’s maintenance and children’s education from the date of separation till now?

37.

If the children are in custody of your spouse, whether you have voluntarily paid or willing to pay the expenses for the children’s maintenance and education? If so, how much?

38.

Details of expenditure on children

Amount (in Rs. )

(i)

School/College fees

(ii)

Crech/Day Care/After school care

(iii)

Books/Stationery

(iv)

Private Tuitions

(v)

Pocket Money/Allowances

(vi)

Sports

(vii)

Outings/summer camps/vacations

(viii)

Entertainment

(ix)

Others

39.

TOTAL EXPENDITURE

(Give monthly expenditure)

PART-IV

STATEMENT OF INCOME

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

45.

TOTAL INCOME

(Give monthly income)

PART-V

STATEMENT OF EXPENDITURE

S. No.

Description

Amount (in Rs. )

46.

Housing

(i)

Monthly rent

(ii)

Mortgage payment(s)

(iii)

Repairs & Maintenance

(iv)

Property tax

47.

Household

(i)

Groceries/Food items/ Personal care/clothing

expenditure

(ii)

Water

(iii)

Electricity

(iv)

Gas

(v)

Telephone/Mobile

(vi)

TV Cable/Set-top Box 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)

(i)

Parents

48.

Maintenance of

(ii)

Children (as mentioned at serial No. 39)

Dependents

(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

(i)

Doctor’s Charges

expenditure

(ii)

Medication

(iii)

Hospital

(iv)

Other medical expenditure

(v)

Others (specify)

51.

Insurance

(i)

Life

(ii)

Annuity Annuity

(iii)

Householders

(iv)

Medi Claim

52.

Entertainment

(i)

Club

and recreation

(ii)

Health Club

(iii)

Gym

53.

Holiday and vacations

54.

Gifts

55.

Legal/litigation expenses

56.

Discharge of

(i)

Credit card(s) payment

Liabilities

(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)

Installment 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

60.

TOTAL EXPENDITURE

(Give monthly expenditure)

Part-VI

STATEMENT OF ASSETS

S. No.

Assets

List of Assets

At the time of marriage

At the time Present Separation

Present Estimated Market Value

61.

Real Estate Including

(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

(i)

accounts including Current,

(ii)

Savings and Demat Accounts

(iii)

in your name, or joint name

and balance in the said

(iv)

account

(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, Post

Office 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

List anything else of value that

you own, including precious

metals, collections, works of

art, jewellery or household

items of high value.

Include location of safety

deposit lockers.

PART-VII

STATEMENT OF LIABILITIES

S. No.

Description

Particulars of Debts

Current Value

71.

Secured debt(s)

List all mortgages, loans, and

any other debts secured

against an asset

72.

Unsecured Debt(s)

List all bank loans, personal

loans, credits, overdrafts,

credit cards and any other debts

73.

Other

List any other debts, including

obligations that are relevant

to a claim

PART-VIII

GENERAL INFORMATION RELATING TO THE STATUS,

STANDARD OF LIVING AND LIFESTYLE

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

— Upper Middle

— Middle

— Lower Middle

— Low

— Below poverty line

PART -IX

DOCUMENTS RELATING TO ASSETS, INCOME AND EXPENDITURE

PART A

DOCUMENTS RELATING TO PERSONAL INFORMATION

S. No.

Description

1.

Ration Card

2.

Voter ID Card

3.

Aadhar Card

4.

Driving Licence

5.

PAN Card

6.

Passport

PART B

DOCUMENTS RELATING TO INCOME, ASSETS AND LIABILITIES

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

(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 CIBIL 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

Family business or trust in

which the deponent has share

(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

PART C

DOCUMENTS RELATING TO EXPENDITURE

14.

(i)

Documents relating to the expenditure

on education of children including

tuition fees

(ii)

Rent and maintenance receipts

(iii)

Electricity, water, security and gas bills

(iv)

Documents relating to the salary paid

to the employees including domestic

helper(s)

(v)

Documents relating to expenditure on

conveyance

(vi)

Debit and Credit Card statements of

all cards

(vii)

Frequent Flier’s Card statements

(viii)

Mobile and landline phone bills

(ix)

Internet and TV cabl/Set-Top

Box bills

(x)

Documents relating to the

repayment of the loans

(xi)

PPF, EPF and other superannuation –

fund receipts

(xii)

Receipts of premium of

insurance policies

(xiii)

Receipts of payments in respect

of mutual funds

(xiv)

Documents relating to payment

of interest on bank and other loans

(xv)

Documents relating to the

payment of taxes, including

Income Tax and Property Tax

(xvi)

Other relevant documents

relating to Expenditure PPF, EPF

and other superannuation fund

receipts

(xii)

Receipts of premium of

insurance policies

(xiii)

Receipts of payments in respect

of mutual funds

(xiv)

Documents relating to payment

of interest on bank and other loans

(xv)

Documents relating to the

payment of taxes, including

Income Tax and Property Tax

(xvi)

Other relevant documents

relating to Expenditure

Declaration:

1. I solemnly declare and affirm that I have made full and accurate voluntary disclosure of my income, expenditure, assets and liabilities from all sources. I further declare and affirm that I have no assets, income, expenditure and liabilities other than set out in this affidavit.

2. I undertake to inform this Court immediately upon any material change in my employment, assets, income, expenditure or any other information included in this affidavit.

3. I understand that any false statement made in this affidavit may constitute an offence under Section 199 read with Sections 191 and 193 of the Indian Penal Code punishable with imprisonment upto seven years and fine, and Section 209 of Indian Penal Code punishable with imprisonment upto two years and fine. I have read and understood Sections 191, 193 199 and 209 of the Indian Penal Code.

Verification:

Verified at ____________on this ____ day of ___________ that the contents of the above affidavit relating to my assets, income and expenditure are true to my knowledge, no part of it is false and nothing material has been concealed therefrom, whereas the contents of the above affidavit relating to the assets, income and expenditure of my spouse are based on information believed to be true. I further verify that the copies of the documents filed along with the affidavit are true copies of the originals.

DEPONENT

Ordered accordingly.

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