In this judgment from Hon’ble Delhi High Court, it was held that, not every allegation made justify initiation of proceedings under 340 CrPC. There should be another criteria met, which is, that the initiation of 340 CrPC proceedings should be expedient in the interests of justice.
Indiankanoon.org link: https://indiankanoon.org/doc/55726215/
Hon’ble Delhi High Court has prescribed the format for the affidavit that all parties of matrimonial cases have to file, so that the disposal can happen in 60 days as mandated by the Section 24 of Hindu Marriage Act, 1955.
From Para 24,
This Court is of the view that filing of affidavit of assets, income, expenditure and liabilities by both the parties in the prescribed format at the very threshold of matrimonial litigation as in developed countries would enable the Courts to pass maintenance order within 60 days in terms of Section 24 of Hindu Marriage Act, 1955 and therefore should be incorporated in all the matrimonial statutes.
Note: Those intending to seek info from OP (in civil cases like DV, HMA24), can make use of *Interrogatories*… Page 42, Para 19.14 on this judgment.
The appellant Kusum Sharma has expired on 26th September, 2016 and her legal representatives (Mr. Rishi Vashisht, son and Ms. Geetika Kapoor, daughter of the parties) informed Hon’ble Court that they are not interested to pursue this appeal via an Affidavit.
On 29 May, 2017, based on inputs and suggestions from some Family courts, further modifications are made to the prescribed format of the affidavit that all parties of matrimonial cases should file.
On 6 December, 2017, based on inputs and suggestions from some Family courts, further modifications are made to the prescribed format of the affidavit that all parties of matrimonial cases should file.
Citations: [2018(246) DLT 1]
Indiankanoon.org or Casemine link: https://www.casemine.com/judgement/in/5a65cbb74a9326332077aaa3
The Case Index is available here.
407. Power of High Court to transfer cases and appeals.
(1) Whenever it is made to appear to the High Court-
(c) that an order under this section is required by any provision of this Code, or will tend to the general convenience of the parties or witnesses, or is expedient for the ends of justice, it may order-
(i) that any offence be inquired into or tried by any Court not qualified under sections 177 to 185 (both inclusive), but in other respects competent to inquire into or try such offence;
(ii) that any particular case or appeal, or class of cases or appeals, be transferred from a Criminal Court subordinate to its authority to any other such Criminal Court of equal or superior jurisdiction;
(iii) that any particular case be committed for trial to a Court of Session; or
(iv) that any particular case or appeal be transferred to and tried before itself.
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