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True Colors of a Vile Wife

Tag: Insist On Income and Assets Affidavit In Matrimonial Cases

Ratheesh Vs Sreelakshmi and Ors on 14 Mar 2025

Posted on October 22, 2025 by ShadesOfKnife

A single judge of Kerala High Court held as follows, Even to dispose Interim Maintenance Applications, call for affidavits.

From Paras 6 and 7,

6. A slew of directions in the form of guidelines issued by the Supreme Court in Rajnesh (supra) and extracted above are mandatory in nature and  must be followed in all maintenance cases by all Courts dealing with maintenance throughout the country. The judgment in Rajnesh (supra) was delivered on 04/11/2020 and the guidelines therein have been circulated to all the Courts in India for compliance. After the judgment in Rajnesh (supra) was rendered, the Supreme Court in the judgment in Aditi Alias Mithi v. Jithesh Sharma [(2023) SCC OnLine SC 1451] which was delivered on 06/11/2023 noticed that guidelines in Rajnesh (supra) have not been followed by many courts in the country while fixing the maintenance, either interim or final. The Supreme Court expressed its deep concern in not adhering to the mandatory guidelines given in Rajnesh (supra) so far as the requirement of filing the Affidavit of Disclosure is concerned. Accordingly, the Supreme Court has issued directions to re-circulate a copy of the judgment containing guidelines for expeditious disposal of cases involving grant of maintenance to judicial officers in all High Courts across the country. However, it is quite unfortunate to notice that, despite the specific directions of the Supreme Court in Rajnesh (supra) and Aditi Alias Mithi (supra), various Courts in the State, like in the present one, are passing orders, either interim or final, fixing maintenance, without there being any Affidavit of Disclosure on record filed by the parties. This Court can take judicial notice of the said fact from the number of Original Petitions [(OP(Crl.)] and Revision Petitions [(RP(FC)] filed before this Court challenging the interim as well as final order of maintenance passed without bringing on record the Affidavit of Disclosure of the parties in terms of the directions in Rajnesh (supra).
7. Coming to the facts of the case, admittedly, neither of the parties has filed the disclosure affidavit in terms of the decision rendered by the Apex Court in Rajnesh (supra). However, the Family Court disposed of the interim maintenance application as per the impugned order considering the pleadings. The petitioner herein, while considering the application for interim maintenance, pointed before the Family Court that the 1st respondent did not file the affidavit showing her assets and liabilities. However, the Family Court took the view that since the petitioner himself did not file the affidavit, he could not take up such a contention. Guideline No.72.1(a) in Rajnesh (supra) specifically says that the parties in all maintenance proceedings, including pending proceedings, throughout the country, shall file an Affidavit of Disclosure of Assets and Liabilities before the concerned court as a mandatory requirement. Guideline No.72.2(b) in Rajnesh (supra) makes it mandatory for the applicant making a claim for maintenance to file a concise application accompanied by the Affidavit of Disclosure of Assets. It was further observed that based on the pleadings filed by both parties and the Affidavits of Disclosure, the court would be in a position to make an objective assessment of the approximate amount to be awarded towards maintenance at the interim stage. It is true that guideline No.72.3 says that the respondent also must submit the reply along with the Affidavit of Disclosure within a maximum period of four weeks, and the court may not grant more than two opportunities for submission of the affidavit of Disclosure of Assets and Liabilities to the respondent. But the mere fact that the petitioner herein did not file an Affidavit of Disclosure as directed in Rajnesh (supra) would not absolve the 1st respondent from filing such an affidavit. Since the impugned order is passed without the affidavits of both parties, it cannot be sustained and is liable to be set aside. The matter is required to be remitted back for fresh consideration in accordance with the law by complying with the directions in Rajnesh (supra). The counsel for the 1st respondent submitted that the 1st respondent has now filed an Affidavit of Disclosure of Assets and Liabilities before the Family Court.

Ratheesh Vs Sreelakshmi and Ors on 14 Mar 2025

Citations: [2025:KER:22087]

Other Sources:

 


Index of Maintenance Judgments u/s 144 BNSS is here.

Posted in High Court of Kerala Judgment or Order or Notification | Tagged 1-Judge Bench Decision Insist On Income and Assets Affidavit In Matrimonial Cases Ratheesh Vs Sreelakshmi and Ors | Leave a comment

Sandeep Walia Vs Monika Uppal on 18 Jul 2022

Posted on October 2, 2025 by ShadesOfKnife

A single judge of Delhi High Court held that

From Paras 7 and 8,

7. Ms. Sunita Arora, learned counsel appearing on behalf of the respondent-wife vehemently opposed the present revision and submitted that the instant case has to be considered from a different perspective. According to her the revisionist-husband is not truthful in his disclosure in affidavit of income filed before the Family Court. She has drawn the attention of this court to various paragraphs to show that the revisionist claiming himself to be jobless is still incurring a monthly expenditure of about Rs.35,210/- per month. She also points out that the revisionist has shown his mother to be dependent on him, however, has not disclosed that she is already getting a pension of Rs.25,000/- per month. She further states that in column No.26, which relates to a number of the bank account, the revisionist has shown only one account of ICICI Bank whereas he is maintaining a different joint account in the State Bank of India, which has been admitted by him in his cross-examination. She also points out that the revisionist in his educational and professional qualification column has mentioned only graduation, whereas, in his cross-examination, he unequivocally admits that he has done one year diploma in Graphic Designing. She also submits that the revisionist is maintaining a motorcycle and a car and is living in a 3-BHK Flat.

8. From the material available on record, including the cross- examination, she points out that there are various credit entries in the account of her husband. He has also invested amount in mutual funds and he is getting regular dividends therefrom.

From Para 12,

12. Under the aforesaid circumstances, as noted above, it can be safely concluded that the petitioner was not truthful in disclosure of his correct income. His employment as a Driver with his own maternal uncle is also highly unreliable. The lifestyle, which the petitioner is maintaining, would clearly demonstrate that he is capable of earning sufficient money to run not only his livelihood but of his wife also. The respondent-wife while placing documents on record has clearly proved that the petitioner is capable of earning a handsome salary. The petitioner also admitted that he had been earning about Rs.30,000/- per month.

Sandeep Walia Vs Monika Uppal on 18 Jul 2022

Citations: [2022:DHC:2655]

Other Sources:

 


Index of Maintenance cases is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision BNSS Sec 144 - Order for maintenance of wives children and parents Insist On Income and Assets Affidavit In Matrimonial Cases Sandeep Walia Vs Monika Uppal | Leave a comment

Nidhi Jain Vs Ankit Jain on 31 Jul 2025

Posted on October 1, 2025 by ShadesOfKnife

A single judge of Delhi High Court held that

5. Reliance is placed on settled legal precedents, including the Supreme Court’s judgment in Rajnesh v. Neha Criminal Appeal 730/2020 and the case of Sandeep Walia v. Monika Uppal CRL.REV.P. 179/2019, which recognize that when a husband conceals his income or assets, the court must take into account his true financial status for the determination of maintenance under Section 125 Cr.P.C. Furthermore, the Petitioner cites the case of Vikas Ahluwalia v. Simran Ahluwalia FAO143/2013 and Pasupuleti Venkateswarlu v. The Motor & General Traders Civil Appeal Nos. 2120 to 2122 of 1972, where courts have acknowledged that assets are often transferred in matrimonial disputes to avoid paying rightful dues. The Petitioner further asserts that the Respondent’s actions, including domestic violence, illegal retention of stridhan, and filing of frivolous litigations, are part of a larger scheme to deprive her of her legal entitlements.

17. No doubt, the petition was filed way back in the year 2013 and has not been disposed of till date and applications under Section 311 Cr. PC have been preferred at the stage of final arguments. However, power under Section 311 Cr.P.C can be exercised at any stage of enquiry, trial and other proceedings. Such power can be invoked even at the stage of final arguments.
18. Matrimonial litigation, particularly where financial dependency and concealment are alleged, demands a sensitive and pragmatic approach. The documents and witnesses sought to be introduced by the petitioner are not collateral or immaterial but rather, they directly affect the determination of maintenance which is a matter of subsistence. The Family Court ought to have adopted a more purposive interpretation of its enabling powers under Section 311 Cr.P.C., instead of taking a hyper-technical view.
19. Accordingly, the impugned order dated 07.06.2024 is set aside. The petition is allowed. The learned Family Court is directed to permit the petitioner to summon the concerned witnesses with the relevant record. However, it is directed that the remaining proceedings be conducted expeditiously and all out efforts be made to dispose of the case as early as possible and preferably within a period of next three months. Both sides are directed to cooperate with the trial Court in an effort to expeditiously dispose of the petition.

Nidhi Jain Vs Ankit Jain on 31 Jul 2025

Citations:

Other Sources:


Index of Maintenance cases is here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged 1-Judge Bench Decision BNSS Sec 144 - Order for maintenance of wives children and parents CrPC 311 - Power to summon material witness or examine person present Insist On Income and Assets Affidavit In Matrimonial Cases Nidhi Jain Vs Ankit Jain | Leave a comment

Parvin Kumar Jain Vs Anju Jain on 10 Dec 2024

Posted on October 1, 2025 by ShadesOfKnife

A division bench of the Apex Court did settlement between parties at around 6 Crore rupees, but at least acknowledged and reproduced Delhi High Court observations. Thanks

From Paras 14 and 15,

14. In this case, the High Court observed that the appellant’s income, primarily from employment and investments, demonstrated his ability to provide for the wife and child’s maintenance adequately. The evidence revealed that the appellant earned over ₹4,00,000 (Rupees four lakhs only) per month
between 2007 and 2016. Although he claimed higher living expenses due to his residence in Mauritius, the High Court found his arguments to be unsubstantiated, as his financial resources allowed him to meet maintenance obligations without undue hardship. The High Court further noted several instances of the appellant’s deliberate attempts to mislead the judicial process. He withheld critical financial documents and selectively disclosed information to conceal the full extent of his wealth. The inquiry into the statutory forms of the appellant revealed that he had investments in mutual funds valued at ₹5.10 crores as early as 2009-2010, significant sums deposited in bank accounts, and other financial transactions that were not initially disclosed.
15. The High Court also identified false representations by the appellant regarding his property and income. He denied ownership of a property located at F-146, Richmond Park, Gurgaon, despite evidence of its ownership and rental income accruing to him. Additionally, the appellant misrepresented his association with Prasham Consultants LLP, wherein he continued to receive financial benefits until his father replaced him in 2016. These findings demonstrated a pattern of deliberate suppression of material facts and assets by the appellant, aimed at minimizing his maintenance liability. Such conduct warranted judicial intervention to ensure justice and provide adequate financial support to the wife and child, reflecting principles of fairness, transparency, and equity. Consequently, the High Court directed the appellant to pay interim maintenance that adequately addressed the needs of the wife and child, proportionate to his financial capacity and consistent with the obligations of a responsible spouse and parent.

From Paras 29

29. The main issue between the parties all these years, since separation, is the quantum of maintenance to be paid by the appellant to the respondent. The issue of maintenance pendente lite is now infructuous with the dissolution of marriage, but the financial interest of the wife still needs to be protected through grant of permanent alimony. The learned senior counsels for the parties have made submissions at length regarding the financial condition of both the parties. In order to establish the correct financial position of both the parties, they have filed their respective affidavits of income and assets as ordered by this Court.

From Para 34,

34. In the present case, it is a matter of record and an admitted fact that the respondent is unemployed while the appellant is a well accomplished banker who has worked in multiple senior roles at various banks over the years. We have perused the records of finances produced before us. Even though the records of the DEMAT accounts and the employment letters produced by the appellant are almost ten years ago or earlier, his financial position can be suitably ascertained from them.

Parvin Kumar Jain Vs Anju Jain on 10 Dec 2024

Citations: [2024 INSC 961], [2024 LiveLaw (SC) 969]

Other Sources:

https://indiankanoon.org/doc/102090299/

https://www.casemine.com/judgement/in/6759168762941119016e16ef

https://www.livelaw.in/supreme-court/permanent-alimony-shouldnt-penalize-husband-but-should-ensure-decent-living-for-wife-supreme-court-lists-out-factors-277959

https://lawsathi.com/divorce-and-maintenance-case/

https://testbook.com/recent-judgements/parvin-kumar-jain-vs-anju-jain

https://lawbeat.in/supreme-court-judgments/marriage-be-dissolved-if-succumbed-due-long-standing-differences-supreme-court

https://lawfoyer.in/parvin-kumar-jain-vs-anju-jain/

https://www.lawtext.in/judgement.php?bid=1281

https://thelegalshots.com/blog/supreme-court-upholds-financial-security-in-marriage-breakdown-a-case-study/

Alimony Decoded: 8 Critical Guidelines to Ensure Fair Settlements in Divorce Cases


The impugned Order from the Delhi High Court is below. Few relevant Paras from the said Order follow.

41. The Husband disputes the aforesaid finding on concealment. On behalf of the Husband, it has been strenuously urged that the Family Court though takes note of the affidavit dated 11thMay, 2018 filed by the Husband however, it does not deal with the same. We have carefully gone through the said affidavit. In our view, the said affidavit was yet another attempt on the part of the Husband to mislead the Family Court and conceal particulars of his income as well as assets.
47. On behalf of the Husband, it has been vehemently argued that it is the Wife who has filed false affidavits before this Court to the effect that she lives in a rented house and is paying rent on a regular basis. It is further alleged that the Wife has filed a forged Rent Agreement to claim that she is paying monthly rent to one Ms Sudesh Bansal. It is submitted that the Wife has failed to disclose that the house in which she lives has been transferred by Ms Sudesh Bansal in favour of the Wife’s mother vide registered General Power of Attorney and Agreement to Sell dated 25th June, 2009. On the basis of the aforesaid averments, an application has been filed by the Husband under Section 340 of the Cr.P.C before the Family Court, which is yet to be decided.
49. In our view, the explanation offered by the Wife is plausible. A perusal of the Rent Agreement dated 13th December, 2011 shows that the Wife was paying rent of Rs.11,000/- per month. It is not the case of the Husband that the Wife owns the said property or that she has paid any amount towards the purchase of the said property. There is nothing placed on record which would have us believe that what was apparent was not real. The Husband, in our opinion, is seeking to muddy the waters. The Husband’s concealments have been alluded to above. The Husband’s contentions on this count are, therefore, rejected. In our opinion, this cannot be a ground to deny the lawful maintenance to the Wife.
50. It must be emphasized that the discussion above leaves no doubt in our minds that the Husband has grossly concealed the real income as well as his movable and immovable assets in order to avoid paying the rightful amount of maintenance to the wife. The Family Court has correctly returned findings with regard to the earnings of the husband as well as attempts on the part of the Husband to conceal his real income.

Parvin Kumar Jain Vs Anju Jain on 01 Aug 2024

Index of Maintenance and Alimony cases under HMA is here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged 2-Judge (Division) Bench Decision Catena of Landmark Judgments Referred/Cited to Insist On Income and Assets Affidavit In Matrimonial Cases Landmark Case Legal Procedure Explained - Interpretation of Statutes Parvin Kumar Jain Vs Anju Jain Reportable Judgement or Order | Leave a comment

K.Harish Kumar Vs Vanathy Rajkumar on 24 Apr 2024

Posted on September 25, 2025 by ShadesOfKnife

A single judge of Karnataka High Court held as follows,

From Para 8,

8. Having heard the learned counsels on either side, perused the entire material on record. In the light of the law laid down by the Hon’ble Apex Court in the case of Rajnesh Vs. Neha1, if there is any dispute with respect to the declaration made in the affidavit of disclosure, the aggrieved party shall seek permission of the Court to serve interrogatories and seek production of relevant documents from the opposite party. The Court had elaborately discussed about the difficulties that the Court faces while granting interim maintenance and without material it is done on the guess work. As per the judgment of the Apex Court, they have to produce bank statements, income tax returns at least for two years prior to the application. Even if the submission of the learned counsel for the respondent is taken into consideration that the bank account is a joint account, still the respondent have to disclose the statement which is two years prior to the closing date of the account and whatever is the income as per the bank statement or whatever are the details or the relevant factors, the duty is cast upon the wife to produce all these documents.
9. In that view of the matter, this Court deems it appropriate to dispose of this writ petition directing the wife to produce income tax returns, bank statements two years prior to 26.08.2019. The husband shall cooperate with the Court below in deciding the application for interim maintenance. No further adjournments shall be granted by the Court. The Court below shall stick to the same schedule as per the orders passed in WP.No.3267/2024 dated 11.03.2024.

K.Harish Kumar Vs Vanathy Rajkumar on 24 Apr 2024

Index of maintenance cases is here.

Posted in High Court of Karnataka Judgment or Order or Notification | Tagged 1-Judge Bench Decision Insist On Income and Assets Affidavit In Matrimonial Cases K.Harish Kumar Vs Vanathy Rajkumar | Leave a comment

Kusum Sharma Vs Mahinder Kumar Sharma on 06 August 2020

Posted on August 13, 2020 by ShadesOfKnife

Justice JR Midha of Delhi High Court revised the template affidavit to be filed by the parties in a matrimonial case for fixing maintenance.

From Para 85,

85. These modified directions/guidelines shall apply to 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.

Kusum Sharma Vs Mahinder Kumar Sharma on 06 August 2020

Earlier template is issued in this order here.


The Case Index is available here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Insist On Income and Assets Affidavit In Matrimonial Cases Kusum Sharma Vs Mahinder Kumar Sharma | Leave a comment

Jaspreet Singh Vs Gurleen Kaur on 06 January, 2020

Posted on January 11, 2020 by ShadesOfKnife

Similar to Kusum Sharma judgment here, Punjab and Haryana High Court also directed all Courts in the twin States and the Union territory of Chandigarh to insist upon affidavit regards the assets, incomes and expenditure of the parties to a matrimonial litigation.

Jaspreet Singh Vs Gurleen Kaur on 06 January, 2020

Citations:

Indiankanoon.org or Casemine link:

Posted in High Court of Punjab & Haryana Judgment or Order or Notification | Tagged HM Act 24 - Affidavit for Disposal in 60 Days Insist On Income and Assets Affidavit In Matrimonial Cases Jaspreet Singh Vs Gurleen Kaur Landmark Case Legal Procedure Explained - Interpretation of Statutes PWDV Act Sec 12(5) - Dispose In 60 Days

Kusum Sharma Vs Mahinder Kumar Sharma on 14 January 2015

Posted on March 15, 2019 by ShadesOfKnife

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.

Kusum Sharma Vs Mahinder Kumar Sharma on 14 January, 2015

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.

2 FAO 369-1996 - Do not want to pursue this appeal on 24 May, 2017

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.

Kusum Sharma Vs Mahinder Kumar Sharma on 29 May, 2017

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.

Kusum Sharma Vs Mahinder Kumar Sharma on 6 December, 2017

Citations: [2018(246) DLT 1]

Indiankanoon.org or Casemine link: https://www.casemine.com/judgement/in/5a65cbb74a9326332077aaa3


The Case Index is available here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged CPC Order 11 - Discovery and Inspection HM Act 24 - Affidavit for Disposal in 60 Days Insist On Income and Assets Affidavit In Matrimonial Cases Interrogatories Kusum Sharma Vs Mahinder Kumar Sharma | Leave a comment

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Blogroll

  • Daaman Promoting Harmony 0
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  • Unitedmen Foundation a dedicated community forged with the mission to unite men facing legal challenges in marital disputes. 0
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  • Vinayak my2centsworth – This blog is for honest law abiding men, married or planning to get married 0
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RSS Cloudflare Status

  • Cloudflare Storage Maintenance June 15, 2026
    THIS IS A SCHEDULED EVENT Jun 15, 12:00 - 13:00 UTC May 28, 22:16 UTC Scheduled - Cloudflare has scheduled maintenance for our backend storage systems. Services will continue to operate normally, but customers will be unable to create/delete/modify tunnels, routes, hostname routes, virtual networks, devices and tunnel configurations via the Dashboard or the public […]
  • Cloudflare Storage Maintenance June 4, 2026
    THIS IS A SCHEDULED EVENT Jun 4, 12:00 - 13:00 UTC May 21, 00:41 UTC Scheduled - Cloudflare has scheduled maintenance for our backend storage systems. Services will continue to operate normally, customers will be unable to modify configurations via the Dashboard or the public API for a period of up to 3 minutes. This […]
  • Audit Log Delays June 3, 2026
    Jun 3, 19:59 UTC Update - We are continuing to investigate this issue. Jun 3, 19:58 UTC Investigating - We are investigating an issue where Cloudflare Audit Log processing is running behind, causing a delay in timely delivery of audit data. These delays do not impact analytics for DNS or Rate Limiting.

RSS List of Spam Server IPs from Project Honeypot

  • 193.193.237.158 | SD June 3, 2026
    Event: Bad Event | Total: 1,352 | First: 2025-11-25 | Last: 2026-06-03
  • 158.94.211.154 | S June 3, 2026
    Event: Bad Event | Total: 987 | First: 2026-01-28 | Last: 2026-06-03
  • 45.164.196.232 | S June 3, 2026
    Event: Bad Event | Total: 5 | First: 2026-06-03 | Last: 2026-06-03
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