Daily Archives: February 1, 2015

Husband’s AB rejected by Hon HC in 498a case, EVEN aftr Arneesh Kumar Orders by SC !!


Husband’s Anticipatory Bail rejected by Hon Calcutta HC in a 498a case. This case and the bail order are AFTER the Honourables Supreme court’s Judgment in Arneesh Kumar Vs State, the landmark case where the Hon SC said "…do not automatically arrest …" !!

Brief facts from the case
************************
* Alipurduar Police Station Case No. 378 of 2014 dated 07.11.2014 , meaning alsmot 5+ months after SC’s orders in Arneesh Kumar case !!
* Case filed under Sections 498A/313/506 of the Indian Penal Code.
* All accused run for bail
* HC GRants AB for others but rejects AB for petitioner # 1

*****************************disclaimer**********************************
This judgment and other similar judgments posted on this blog was / were collected from Judis nic in website and / or other websites of Govt. of India or other internet web sites like worldlii or indiankanoon or High court websites. Some notes are made by Vinayak. This is a free service provided by Vinayak (pen name). Vinayak is a member of SIF – Save Indian Family movement. SIF as a concept is committed to fighting FALSE dowry cases and elder abuse. SIF supports gender equality and a fair treatment of law abiding Indian men. Should you find the dictum in this judgment or the judgment itself repealed or amended or would like to make improvements or comments, please post a comment on the comment section of the blog and if you are reading this on tumblr please post responses as comments at vinayak.wordpress.com . Vinayak is NOT a lawyer and nothing in this blog and/or site and/or file should be considered as legal advise.

******************************************************************
CASE FROM JUDIS / INDIAN KANOON WEB SITE
******************************************************************

Kolkata High Court (Appellete Side)

16117/2014 on 29 December, 2014

Author: Sanjib Banerjee

29.12.2014

C.R.M. 16117 of 2014

AB/NS

Court No.8

Re : An application for bail under Section 438 of the Code of Criminal Procedure filed on 18th November, 2014 in connection with Alipurduar Police Station Case No. 378 of 2014 dated 07.11.2014 under Sections 498A/313/506 of the Indian Penal Code.

In re : Biswajit Mandal & Ors. … Petitioners.

Mr. Arijit Ghosh … for the Petitioners.
Mr. Sandip Kundu … for the State.

************************** order **********************

Having considered the averments in the petition and bearing in mind the nature of allegations, we are of the view that custodial interrogation of the petitioner nos.2, 3 and 4 for progress of investigation may not be necessary.

Accordingly, it is directed that in the event of arrest, the petitioner nos.2, 3 and 4, namely, Nidhir Mandal, Rajib Poddar and Dipika Poddar, shall be released on bail upon furnishing a bond of Rs.5,000/-(rupees five thousand PARTLY ALLOWED only) each with one surety of like amount each to the satisfaction of the arresting officer and also subject to the conditions laid down in sub-section (2) of Section 438 of the Code of Criminal Procedure, 1973. http://evinayak.tumblr.com/ ; https://vinayak.wordpress.com/ ; http://fromvinayak.blogspot.com

In so far as the petitioner no.1, namely, Biswajit Mandal, is concerned, his prayer for anticipatory bail stands rejected.

The application for anticipatory bail is, thus, partly allowed.

(SANJIB BANERJEE, J.)

(ISHAN CHANDRA DAS, J.)

***************

*****************

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regards

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

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 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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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 :

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 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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