Sunday, February 1, 2015

The 300+ line affidavit husbands hav to file at start of matri / maint cases !!

Dear Readers


In a landmark Judgement delivered on 14th Jan 2015, in the case of Kusum Sharma  Vs Mahinder Kumar Sharma, the Hon. Delhi HC has delved on Maintenance during matrimonial proceedings. Inter alia the Hon. HC has stated the following


"....1. The requirements of justice give an occasion for the development of new dimension of justice by evolving juristic principles for doing complete justice according to the current needs of the Society. The quest for justice in the process of administration of justice occasions the evolution of new dimensions of the justice....."


"....3. Maintenance is not merely a legal right. It is part and parcel of basic human right....."


"....On the breakdown of the marriage, it often so happens that the husband pays nothing for the support of his wife and children and the wife has to fall back upon her parents and relatives to fend her immediate needs. Reasonableness too demands extension of such a relief in favour of a needy spouse. Had not the parties drifted away from one another, the spouse from whom support is sought would have in any case supported the other spouse entailing financial burden. Hence, it is but natural to make the husband bear the cost of maintaining his wife pending disposal of any dispute until some permanent relief is provided to her....."


"....7. Burden of Proving Income

 7.1 The true income of the parties is within their personal knowledge and therefore, the onus to prove their true income is on them under Section 106 of the Indian Evidence Act. Burden of proving the income..."


The court goes on to say ....


"..... It is noticed that upon the failure of the husband to disclose his true income without good reasons, the Courts normally draw a presumption against him and accept the allegations of the wife as to the income of the husband. However, this Court has some reservation about accepting the preposition that whatever estranged wife states with or without rational basis should be accepted as gospel truth. One cannot be oblivious to the human feeling of an estranged wife to exaggerate income of her estranged husband to extract as much as possible due to every increasing lack of sense of security. Every Court is supposed to be circumspect to ensure that unconsciously by any such order the Court is not forcing one or the other party to the extremes. This Court is of the view that the parties should be directed to file a detailed affidavit of their assets, income and expenditure and the supporting documents in order to determine their true income.


 7.5 This Court is of the view that the assets, liabilities, income and expenditure of the parties are necessary to be determined not only to fix the maintenance under Section 24 but also to determine the permanent alimony under Section 25 of the Hindu Marriage Act and right to the joint properties under Section 27 of the Hindu Marriage Act. It is therefore necessary to formulate a format of the affidavit of assets, income and expenditure and also specify the documents to be disclosed by them. The format of the affidavit of assets, income and expenditure would help the Court in determining the true income, expenditure, assets and liabilities of the parties......"


So, to further justice, and to administer maintenance cases, the Hon. HC has ordered all parties to matrimonial cases to submit an affidavit of all their incomes, expenditures, assets, liabilities, status or standard of living and also prescribed the format for the same.


This format which runs to about 300+ lines (and in some cases also includes further columns, annexures etc.) is blogged in a convenient HTML, tabluar format so that husbands and families reading this post can use the same when they are (un)fortunate enough to step into such matri cases !!


Readers are advised once again that this is a free service to the benefit of all those men who are fortunate enough to have ever got married in this great country called India.


This should NOT be construed as legal advise or as a legal document !!!


format enclosed :

 

ANNEXURE A

 

 

 

 

(FORMAT OF AFFIDAVIT OF ASSETS, INCOME AND EXPENDITURE TO BE FILED BY THE PARTIES IN ALL MAINTENANCE CASES)

 

 

 

 

 

 

AFFIDAVIT

 

 

 

 

I _______________________, son of / wife of ___________________, aged about ____ years, resident of ___________________________, do hereby solemnly affirm and declare as under:

 

 

 

 

 

 

PART - I

 

 

 

 

PERSONAL INFORMATION RELATING TO THE DEPONENT

 

 

Sl No.

Description

Particulars

 

 

1

Name

 

 

2

Age

 

 

3

Date of marriage

 

 

4

Date of separation

 

 

5

Educational qualifications

 

 

6

Professional qualifications

 

 

7

Occupation

 

 

8

Monthly income (Give details in Part IV)

 

 

9

Monthly expenditure ( Give details in Part V )

 

 

10

Whether you are assessed to Income Tax?

 

 

11

Whether you are assessed to Wealth Tax?

 

 

12

Whether you have sufficient income to support yourself?

 

 

13

If not, whether you have claimed maintenance from your spouse? If so, how much?

 

 

14

Whether you are staying in matrimonial home?

 

 

15

If not staying in the matrimonial home, relationship and income of the person with whom staying.

 

 

16

Members of the family:

 

 

 

(a) Dependent

 

 

 

(b) Independent

 

 

17

Whether your spouse has claimed maintenance from you? If so, how much?

 

 

18

Whether you have voluntarily paid or willing to pay maintenance to your spouse? If so, how much?

 

 

19

Whether you are willing to pay litigation expenses to your spouse? If so, how much?

 

 

20

Particulars of pending litigation between the parties

 

 

21

Whether any maintenance order has been passed by any Court? If so, give particulars and attach copies of the order?

 

 

22

Whether the maintenance is being paid in terms of the aforesaid order? If so, file the statement of maintenance paid upto date

 

 

23

E-mail address

 

 

24

Name of your counsel and his/her e-mail address

 

 

25

Expenses incurred on this litigation

 

 

26

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

 

 

 

 

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PART - II

 

 

 

 

RELEVANT INFORMATION RELATING TO THE SPOUSE

 

 

1

Educational and professional qualifications of your spouse

 

 

2

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

 

 

3

Whether your spouse is staying in the Matrimonial Home. If not, whether she is staying in his/her own accommodation or in a rented accommodation? If staying in a rented accommodation, what is the rent being paid by him/her?

 

 

4

Particulars of the assets and liabilities of your spouse

 

 

5

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

 

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1

Children from the marriage with their name and age

 

 

2

Who has the custody of the Children?

 

 

3

Expenditure on the education of the Children (Give details in Clause 7)

 

 

4

Who is bearing the expenditure of Children's education

 

 

5

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

 

 

6

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?

 

 

7

Details of expenditure on education

Amount (in Rs.)

 

 

 

(i) School fees

 

 

 

(ii) Crech/Day Care/After school care

 

 

 

(iii) Books/Stationery

 

 

 

(iv) Private Tuitions

 

 

 

(v) Sports

 

 

 

(vi) Outings/summer camps/vacations

 

 

 

(vii) Entertainment

 

 

 

(viii) Others

 

 

 

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PART-IV

 

 

 

 

STATEMENT OF INCOMES.

 

 

 

No

Description

Particulars

 

 

1

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

 

 

 

 

 

 

 

2

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 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) Income Tax

 

 

 

(vii) Net Income

 

 

 

(viii)Details and value of benefits in kind, perks or other remuneration received from the business e.g. provision of car, payment of accommodation etc

 

 

 

(ix) Amount of regular monthly withdrawal or drawings from the business

 

 

 

(x) Current value of your business interest(s)

 

 

 

(xi) Current value of your business assets

 

 

 

(xii) List of directorships held, sitting fees, commission or any other remuneration

 

 

 

(xiii)Net worth of the company in which you are Director along with the number of shares held in the Company

 

 

 

 

 

 

 

3

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) Income from machinery, plant or furniture let on hire.

 

 

 

(vii) Gifts

 

 

 

(viii) Profit on sale of movable/ immovable assets

 

 

4

Any other income not covered above

 

 

 

TOTAL INCOME

 

 

 

(Give monthly income)

 

 

 

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PART V

 

 

 

 

STATEMENT OF EXPENDITURES.

 

 

 

 No.

Description

Amount (in Rs.)

 

 

1

Housing

 

 

 

 

Monthly rent

 

 

 

Mortgage payment(s)

 

 

 

Repairs & Maintenance

 

 

 

Property tax

 

 

2

Household expenditure

 

 

 

 

Groceries/Food/Personal care/clothing

 

 

 

Water

 

 

 

Electricity

 

 

 

Gas

 

 

 

Telephone

 

 

 

TV Cable/Set-top Box charges & Internet services

 

 

 

Maintenance, replacement and repair of household items, appliances and kitchenware items.

 

 

 

Telephone

 

 

 

Domestic full time/part time servant(s)

 

 

 

Others (specify)

 

 

3

Transport

 

 

 

 

(i) Car/Scooter

 

 

 

(a) Driver(s)

 

 

 

(b) Fuel

 

 

 

(c) Repair/Maintenance

 

 

 

(d) Insurance

 

 

 

(e) Loan repayment

 

 

 

(ii) Public Transport

 

 

 

 

(a) Bus

 

 

 

(b) Taxi

 

 

 

(c) Metro

 

 

 

(d) Auto

 

 

4

Medical expenditure

 

 

 

 

Doctor

 

 

 

Medication

 

 

 

Hospital

 

 

 

Other medical expenditure

 

 

 

Others (specify)

 

 

5

Insurance

 

 

 

 

Life

 

 

 

Annuity

 

 

 

Householders

 

 

6

Entertainment and recreation

 

 

 

 

Club

 

 

 

Health Club

 

 

 

Gym

 

 

7

Holiday and vacations

 

 

8

Gifts

 

 

9

Pocket money/allowance

 

 

10

Legal/litigation expenses

 

 

11

Discharge of Liabilities

 

 

 

 

Credit card(s) payment

 

 

 

Hire purchase/lease

 

 

 

(i) Repayment of Loans

 

 

 

(a) House loan

 

 

 

(b) Car loan

 

 

 

(c) Personal loan

 

 

 

(d) Business loan

 

 

 

(e) Any other loan

 

 

 

(ii) Name of the lenders

 

 

 

(iii)Mode of repayment

 

 

 

(iv) Instalment amount

 

 

 

(v) Other personal liabilities

 

 

12

Miscellaneous

 

 

 

 

Newspapers, magazines, books

 

 

 

Religious contributions/ Charities

 

 

 

Others (specify)

 

 

13

Other expenditure (not specified above)

 

 

 

TOTAL EXPENDITURE

 

 

 

 

(Give monthly expenditure)

 

 

 

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PART - VI

 

 

 

 

STATEMENT OF ASSETS

 

 

 

S. No.

Assets

 

 

 

1

Real Estate

Particulars

Estimated Market Value

 

Including land, built up properties, lease hold properties, agricultural land and investment in real estate such as booking of plots, flats and other immovable properties in your name or joint names.

 

 

List any interest in properties, including lease hold interest and mortgages, whether or not you are registered as owner.

 

 

Provide legal descriptions and indicate estimated market value of your interest without deducting encumbrances or costs of disposition.) (Record encumbrances under debts.)

 

2

Financial Assets:

Account No. & Name of Bank

Current Balance

 

 

(i) Details of all bank accounts including Current and Savings Accounts in your name, or joint name and balance in the said account

 

 

(ii) Cash in hand

 

 

3

Investments

Particulars

Current Value

 

 

Details of all investments you hold or, in which you have interest and their current value:

 

 

 

(i) FDRs, NSC, IVP, KVP, Post Office schemes, PPF etc.

 

 

(ii) Deposits with Government and Non-Government entities

 

 

(iii) Stocks, shares, debentures, bonds, units and mutual funds, etc.

 

 

(iv) Life and endowment policies and surrender value

 

 

(v) Loan given to friends, relatives and others

 

 

(vi) Other investments not covered by above items

 

4

Pensions and Registered Retirement Savings Plan

Particulars

Maturity amount

 

 

Indicate name of institution where accounts are held, name and address of pension plan and pension details.

 

5

Corporate/Business Interests

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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.


 

6

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, etc.

 

 

(vii) Other household appliances

 

 

(viii) Quantity of gold, silver and diamond jewellery

 

 

(ix) Quantity of Silver Utensils

 

7

Intangible properties including patents, trademark, copyright design and goodwill and their value

 


8

About disposal of properties

Particulars

Sale consideration received

 

Particulars of properties (movable as well as immovable) sold/agreed to be sold between the date of marriage or one year from separation whichever is later upto the date of filing this affidavit and the sale consideration received from the purchaser

 

9

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 any safety deposit lockers

 







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PART - VII

 

 

 

 

JOINT PROPERTIES OF THE PARTIES

 

 

 

S. No.

Description

Particulars

 

 

1

Properties presented at or about the time of marriage, which belong jointly to both the husband and wife. Give the status of their possession

 

 

2

Other joint properties of the parties. Give the status of their possession

 

 

 

 

 

 

 

 

PART - VIII

 

 

 

 

STATEMENT OF LIABILITIES

 

 

 

S. No.

Description

Particulars of Debts

Current Value

 

1

Secured debt(s)

 

 

List all mortgages, loans, and any other debts secured against an asset

 

2

Unsecured Debt(s)

 

 

List all bank loans, personal loans, credits, overdrafts, credit cards and any other debts

 

3

Other

 

 

List any other debts, including obligations that are relevant to a claim

 

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PART - IX

 

 

 

 

GENERAL INFORMATION RELATING TO THE STATUS, STANDARD OF LIVING AND LIFESTYLE

 

 

S. No.

Description

Particulars

 

 

1

Residential address

 

 

2

Area of residential accommodation (in sq. feet)

 

 

3

Who is the owner of the residential accommodation? In case of rented accommodation, specify the monthly rent

 

 

4

Name of school(s) where the child or children are studying

 

 

5

Number of part-time/full time domestic servants and their wages

 

 

6

Average monthly withdrawal from bank(s)

 

 

7

Mode of travel in city/outside city

 

 

8

Membership of clubs/health clubs/gyms, societies and other associations. Specify the membership fee and subscription

 

 

9

Particulars of credit/debit cards, its limit and usage

 

 

10

Particulars of frequent flier cards

 

 

11

Frequency of foreign travel, business as well as personal

 

 

12

Category of hotels ordinarily used for stay, official as well as personal

 

 

13

Category of hospitals opted for medical treatment including type of rooms

 

 

14

Brand of vehicle, mobile and wrist watch

 

 

15

Expenditure ordinarily incurred on family functions including birthday of the children

 

 

16

Expenditure ordinarily incurred on festivals

 

 

17

Expenditure incurred on marriage of family members

 

 

18

Status of the party/family:

 

 

 

 

- High

 

 

 

- Upper Middle

 

 

 

- Middle

 

 

 

- Lower Middle

 

 

 

- Low

 

 

 

- Below poverty line

 

 

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PART - X

 

 

 

 

DOCUMENTS RELATING TO ASSETS, INCOME AND EXPENDITURE OF THE DEPONENT

 

 

 

PART A

 

 

 

 

DOCUMENTS RELATING TO PERSONAL INFORMATION

 

 

S. No.

Description

 

 

 

1

Aadhar Card

 

 

 

2

PAN Card

 

 

 

3

Passport

 

 

 

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PART B

 

 

 

 

 

DOCUMENTS RELATING TO INCOME, ASSETS AND LIABILITIES

 

 

 

S. No.

Description

Attached (pl tick)

Not Applicable

To follow

 

4

Statement of Account of all bank accounts including current and savings accounts for last 3 years

 

 

 

5

Income Tax Return(s) along with Statement of Income and Annexures for last 3 years

 

 

 

6

Wealth Tax return(s) with statement of assets/liabilities for the last 3 years

 

 

 

7

In case of Salaried Persons

 

 

 

 

(i) Appointment Letter

 

 

 

 

(ii) Salary slip

 

 

 

 

(iii) Forms 16, 16A & 12BA

 

 

 

 

(iv) Cost to Company Certificate and CIBIL Certificate, wherever applicable

 

 

 

 

(v) Copies of TDS certificates

 

 

 

8

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) Copies of TDS certificates

 

 

 

9

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) Sale Deed(s)/transfer documents in respect of the profit on sale of property/properties

 

 

 

10

Other relevant documents relating to Income/Assets

 

 

 

11

Other relevant documents relating to liabilities

 

 

 

 

 

 

 

 

 

 

PART C

 

 

 

 

 

DOCUMENTS RELATING TO EXPENDITURE

 

 

 

 

12

(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 servant(s)

 

 

 

 

(v) Documents relating to expenditure on conveyance

 

 

 

 

(vi) Debit and Credit Card statements

 

 

 

 

(vii) Frequent Flier's Card statements

 

 

 

 

(viii) Mobile and landline phone bills

 

 

 

 

(ix) Internet and TV cable/ Set -Top Box bills

 

 

 

 

(x) Documents relating to the re-payment 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, Wealth Tax and Property Tax

 

 

 

 

(xvi) Other relevant documents relating to Expenditure

 

 

 

 

 

 

 

 

 

 

Declaration:

 

 

 

 

 

1. I declare that I have made full and accurate voluntary disclosure of my income, expenditure, assets and liabilities from all sources. I further declare 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, expenses or any other information included in this affidavit.

 

 

3. I understand that any false statement 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.

 

 

 

 

 

 

 

DEPONENT

 

 

 


 

 

 

 

 

 

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 the copies of the originals.

 

 

 

 

 

 

 

 

 

DEPONENT

 

 

 









 

 

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Vinayak
Father of a lovely daughter, criminal in the eyes of a wife, son of an compassionate elderly mother, old timer who hasn't given up, Male, activist