Rajnesh Vs Neha affidavit web 0

Corporate law (Guru Nanak College of Arts, Science and

Commerce)

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 Family Court, Mumbai.
Dated :- 2nd March,
2022.

:CIRCULAR:
Reference: - Judgment in the case of Rajnesh Vs Neha reported in
(2021) 2 SCC 324

WHEREAS, the Hon’ble Supreme Court in its judgment

referred above has given various directions, including directions
to file the affidavit of disclosure of assets and liabilities in
maintenance cases.
2. Following directions are issued for the knowledge of the
litigants, their Ld. counsel and all the duty holders of the Family
Court.
A] Affidavit of disclosure of assets and liabilities as per
Annexure ‘I’ ‘II’ herein,as may be applicable, shall be filed
by the parties in all maintenance
proceedings, including pending proceedings, before
the concerned Family Court.
B] The applicant claiming maintenance shall file a concise
application accompanied with the affidavit of disclosure of
assets and liabilities.
C] The respondent must submit the reply along with the
affidavit of disclosure within a maximum period of four weeks.
The Court may not grant more than two opportunities for
submission of the affidavit of disclosure of assets and
liabilities to the respondent and the Court may

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 consider exercising the power to strike off the
defense of the respondent, if the delaying tactics are
adopted.
D] In case of failure to file such an affidavit of disclosure of
assets and liabilities within the prescribed time, the Court may
proceed to decide the application for maintenance on the
available record.

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E] Annexure ‘I’, format of affidavit, may be modified by the
concerned Court if the exigencies of the case may require
the same.
F] If there is any dispute with respect to the declaration made
in the affidavit of disclosure, the aggrieved party may seek
permission of the Court to serve interrogatories and seek
production of relevant documents from the opposite party under
Order XI of the Code of Civil Procedure.
G] If during the course of proceedings there is a change in
the financial status of any party, or there is a change of any
relevant
circumstances, or if some new information comes to light, the
party may submit an amended/supplementary affidavit.
H] In case the parties belong to the economically weaker
section, or are living below the poverty line, or are casual
labourers, the requirement of filing the affidavit would be
dispensed with.
3. The above guidelines are taken out from the judgment
of the Hon’ble Supreme Court in the above referred case of
Rajnesh Vs. Neha and the parties and their respective counsel may
refer to the original judgment, in case of doubt.
4. Considering the above directions, the parties in the
maintenance proceedings under any relevant Act before the
Family Court shall file the affidavit in consonance with the above
directions given in the judgment of the Hon’ble Apex Court
referred above.
5. It is made mandatory for the applicant to disclose the
previous proceedings and the orders passed therein, in the
subsequent proceedings.
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6. The office shall provide the editable format of affidavit
of assets and liabilities in on the website of the Family Court,
Mumbai, so as to enable the litigants, their Ld. counsel and all
duty holders of the Family Court easily
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download the document in word format and easily fill and submit it
after due affirmation in the Court without any delay.

Digitally
signed by
Prasad
Laxmikant
Palsingankar
Date:
2022.03.04
11:05:24
+0530

( P. L.
Palsingankar
) Principal
Judge,
Enclosure :- Format of Affidavit Family Court, Mumbai.
pps/crtd

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Case No
NAME VS

As per HON’BLE SUPREME COURT OF INDIA’S DIRECTIONS,

IN THE MATTER OF RAJNESH V/S NEHA & ORS, J INDU
MALHOTRA, J R. SUBHASH REDDY IN CRIMINAL APPEAL NO.
730 OF 2020 SLP (CRL.) NO. 9503 OF 2018 DECIDED ON
04/11/2020

AFFIDAVIT OF ASSETS AND LIABILITIES FOR NON-

AGRARIAN DEPONENTS

Enclosure I
I , d/o or s/o , aged about years, resident of
, do hereby solemnly affirm and declare as under:

A.Personal Information

1. Name:
2. Age/Sex:

3. Qualifications (Educational and

Professional):

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 4. Whether the Applicant is staying in the
matrimonial house / parental home /
separate residence. Please provide the current
residential address of matrimonial
home or place of residence and details of
ownership of residence, if owned by other
family member.
5. Date of marriage:
6. Date of separation:
7. General monthly expenses of the Applicant
(rent, household expenses, medical bills,
transportation, etc.):

B.Details of Legal Proceedings and Maintenance being paid

1. Particulars of any ongoing or past legal

proceedings with respect to maintenance or
child support between the Applicant and Non-
Applicant.
2. Whether any maintenance has been awarded
in any proceeding arising under the D.V.Act,
Cr.P.C., HMA, HAMA, etc.? If yes, provide
details of the quantum of
maintenance awarded in the proceedings.
3. If so, provide particulars thereof, along with a
copy of the Order/s passed.

4. Whether the Order of maintenance passed

in earlier proceedings has been complied
with. If not, arrears of maintenance.

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 5. Whether any voluntary contribution towards
maintenance has been made/ will be made in the
future? If yes, provide details of the same.

C. Details of dependant fam ily m em bers

1. Details of Dependant family members, if any

a. Relationship with dependants:

b. Age and sex of dependant/s:

2. Disclose if any independent source/s of
income of the dependants, including interest
income, assets, pension, tax liability on any such
income and any other relevant details.
3. The approximate expenses incurred on account
of the dependant.

D. Medical details if any, of the Deponent and/or

dependant fam ily m em bers

1. Whether either party or child /children is

suffering from any physical / mental
disability, or any other serious ailment. If
yes, produce medical records.
2. Whether any dependant family member has
serious disability, requiring continuous medical
expenditure. If yes, produce disability
certificate and approximate medical
expenditure incurred on such medical
treatment.

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3. Whether either party or child/children or
any other dependent family member is
suffering from life- threatening diseases,
which would entail expensive and regular
medical expenditure? If yes, provide details of
the same along with summary of previous
details of hospitalisation/medical expenses
incurred.

E.Details of Children of the parties

1. Number of children from the existing

marriage / marital relationship/previous
marriage
2. Name and age of children
3. Details of the parent who has the custody
of the children.
4. Expenditure for maintenance of dependent
children.
a. Towards food, clothing and medical expenses

b. Towards expenses for education, and a

summary of general expenses
c. Towards expenses, if any, of any extra
educational, vocational or professional
/educational course, specialised training or
special skills programme of dependent
children.
d. Details of any loan, mortgage, charge
incurred or instalment plan (being paid or
payable), if any, on account of any educational
expenses of children.

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 5. Whether any voluntary contribution by
either of the parties is being made towards
these educational expenses. If yes, provide
details of the same. Also provide an estimate of
any additional contribution that may be
required.
6. Whether any financial support is being
provided by a third party for the educational
expenses of the children

F.Details of Incom e of the Deponent

1. Name of employer:
2. Designation:
3. Monthly income:
4. If engaged in Government Service, furnish latest
Salary Certificates or current Pay Slips or proof of
deposit in bank account, if being remitted directly
by employer.
5. If engaged in the private sector, furnish a
certificate provided by the employer stating the
designation and gross monthly income of such
person, and Form 16 for the relevant period of
current employment.
6. If any perquisites, benefits, house rent allowance,
travel allowance, dearness allowance or any other
service benefit is being provided by the employer
during the course of current employment.

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7. Whether assessed to income tax? If yes,
submit copies of the Income Tax Returns for the
periods given below:
(i) One year prior to marriage
(ii) One year prior to separation
(iii) At the time when the Application for
maintenance is filed
8. Income from other sources, such as rent,
interest, shares, dividends, capital gains, FDRs,
Post office deposits, mutual funds, stocks,
debentures, agriculture, or business, if any, along
with TDS in respect of any such income.
9. Furnish copies of Bank Statement of all accounts
for the last 3 years.

G. Assets (m ovable and im m ovable) owned by the Deponent

1. Self-acquired property, if any:

2. Properties jointly owned by the parties after
marriage:
3. Share in any ancestral property:
4. Other joint properties of the parties
(accounts/ investments/ FDR/ mutual funds,
stocks, debentures etc.), their value and status of
possession:
5. Status of possession of immovable property and
details of rent, if leased:
6. Details of loans taken or given by the Deponent
7. Brief description of jewellery and ornaments
of parties acquired during /after
Marriage

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8. Details of transfer deeds or transactions of
alienation of properties previously owned by the
applicant, executed during the subsistence of the
marriage. Also provide brief reasons for such sale or
transaction, if any.

H. Details of Liabilities of the Deponent

1. Loans, liabilities, mortgage, or charge

outstanding against the Deponent, if any.

2. Details of any EMIs being paid.

3. Date and purpose of taking loan or incurring any
such
liability:
4. Actual amount borrowed, if any, and the amount
paid
up-to date of filing the Affidavit:
5. Any other information which would be relevant
to describe current liabilities of the Deponent.

I. Self- em ployed persons / Professionals / Business

Persons / Entrepreneur

1. Brief description of nature of

business/profession/vocation/self-employed/work
activity.
2. Whether the business/profession/ self-
employment is carried on as an individual, sole
proprietorship concern, partnership concern,
LLP, company or association of persons, HUF,
joint family business or any other form? Give
particulars of Applicant’s share in the
partnership/business/ professional
association/self- employment. In case of
partnership, specify the share in
the profit/losses of the partnership.

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3. Net Income from the business/profession/
partnership/self-employment.

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4. Business/partnership/self-employment liabilities,
if any, in
case of such activity.
5. In case of business of company, provide brief
details of last audited balance sheet to indicate
profit and loss of the company in which such party
is in business in the
company.
6. In case of a partnership firm, provide details of
the filings
of the last Income Tax Return of partnership.
7. In case of self-employed individual, provide the
filings of the last Income Tax Return from any
such professional /
business /vocational activity.

J. Inform ation provided by the Deponent with respect to

the incom e, assets and liabilities of the other Spouse

1. Educational and professional qualifications

of the
other spouse:
2. Whether spouse is earning? If so, give
particulars of
the occupation and income of the spouse.
3. If not, whether he/she is staying in his/her
own accommodation, or in a rented
accommodation or in accommodation
provided by employer /business/
partnership?
4. Particulars of assets and liabilities of
spouse as known to the deponent, along with
any supporting
documents.

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K. Details of Applicant or the other Spouse, in case parties
are Non - Resident Indians,
Overseas Citizens of India, Foreign Nationals or Persons living
abroad outside India.

1. Details of Citizenship, Nationality and

current place of residence, if the Applicant
or other spouse is residing abroad
outside India, temporarily or
permanently.
2. Details of current employment and latest
income in foreign currency of such
applicant/spouse, duly supported by
relevant documentation of employment and
income from such foreign employer or
overseas institution by way of employment
letter or testimonial from foreign employer or
overseas institution or latest relevant bank
statement.
3. Details of household and other expenditure
of such applicant/spouse in foreign
jurisdiction.
4. Details of tax liability of applicant/other
spouse in foreign jurisdiction.
5. Details of income of applicant/other
spouse from other sources in India/foreign
jurisdiction.
6. Details of expenses incurred or
contribution made on account of spousal
maintenance, child support or any other
educational expenses, medical treatment of
spouse or children.
7. Any other relevant detail of expenses or
liabilities, not covered under any of the
above headings and any other liabilities to
any other dependant family members in
India or abroad.

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 DECLARATION
1. I declare that I have made a full and accurate 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 as stated in this affidavit.
2. I undertake to inform this Court immediately with respect to 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, apart from
being contempt of Court, may also constitute an offence under Section
199 read with Sections 191 and 193 of the Indian Penal Code
punishable with imprisonment up to 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, 1860.

DEPONENT

VERIFICATION

Verified at on this day of that the contents of the above

affidavit are true to my personal 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 on the basis of record. I further verify that the copies of the
documents filed along with the affidavit are the copies of the
originals.

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 DEPONENT

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