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Tag: Kusum Sharma Vs Mahinder Kumar Sharma

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

Kusum Sharma Vs Mahinder Kumar Sharma on 3 July, 2019

Posted on August 29, 2019 by ShadesOfKnife

Applicants (who?) prayed for speedy disposal of maintenance applications pending at lower family court.

8 FAO 369-1996 Expeditious disposal of maintenance applications on 3 July, 2019

The Case Index is available here.


Reproduced in accordance with Section 52(q) of the Copyright Act 1957 (India) from judis.nic.in, lobis.nic.in, indiacode.nic.in and other Indian High Court and District Court Websites such as ecourts.gov.in

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Kusum Sharma Vs Mahinder Kumar Sharma

The Kusum Sharma Vs Mahinder Kumar Sharma case

Posted on August 29, 2019 by ShadesOfKnife

Here are the key orders passed by Hon’ble Delhi High Court on the case of Kusum Sharma Vs Mahinder Kumar Sharma case.

  1. On 14 January 2015, 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 here.
  2. The appellant Kusum Sharma has expired on 26th September, 2016 here.
  3. 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. See a consolidated update here.
  4. On 3 July 2019, expeditious disposal of maintenance applications at the Family court is sough in DHC here.
  5. On 06 August 2020, Delhi High Court again revised the Affidavit template to capture the assets and liabilities details here.

UPDATES:

Next Date: 18th December, 2020


This judgment is gainfully used in Shalu Ojha case here.


A 2-judge bench passed guidelines to handle multiple maintenance litigation here.

Posted in High Court of Delhi Judgment or Order or Notification | Tagged Kusum Sharma Vs Mahinder Kumar Sharma Multiple Maintenances Orders Shalu Ojha Vs Prashant Ojha Work-In-Progress Article

The Shalu Ojha and Prashant Ojha case

Posted on June 29, 2019 by ShadesOfKnife

Here are the key orders passed by Hon’ble Supreme Court of India on the case of Shalu Ojha Vs Prashant Ojha.

  1. On 18 September, 2014, Advocate of the complainant showed antics here.
  2. On 4 September, 2017, Supreme Court directs the parties to file documents and lead evidence in the DV Case here.
  3. On 29 January, 2018, Supreme Court directs the complaining party to file an affidavit of her income which would be in the format as prescribed in the judgment of the High Court of Delhi in the case of ‘Kusum Sharma v. Mahinder Kumar Sharma’ decided on 14.01.2015 (FAO No. 309/1996) here.
  4. On 09 March, 2018, trial court granted divorce to Prashant from Shalu on the grounds of cruelty, in a 1-day mode here.
  5. On 23 July, 2018, Apex Court observed some telltale signs of maliciousness in the affidavit of the complainant here.
  6. On 25 January, 2019, Apex Court levied Rs.25,000/- as fine to husband for unnecessarily dragged to this Court and had to file a Contempt Petition, here.
  7. On 28 February, 2019, Delhi High Court has set aside the Divorce decree granted by Family Court, in a 1-day mode here.

    The index page is here.


A 2-judge bench passed guidelines to handle multiple maintenance litigation here.

Posted in Supreme Court of India Judgment or Order or Notification | Tagged Kusum Sharma Vs Mahinder Kumar Sharma Multiple Maintenances Orders Shalu Ojha Vs Prashant Ojha

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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