1. “ The Affidavit of Disclosure of Assets and Liabilities annexed at Enclosures I, II and III of this judgment, as may be applicable, shall be filed by the parties in all maintenance proceedings, including pending proceedings before lower Courts,throughout the country;

2. The applicant making the claim for maintenance will be required to file a concise application accompanied with the Affidavit of Disclosure of Assets;

SC defers Narada hearing to June 25, requests Calcutta HC not to conduct hearing till then

3. The respondent must submit the reply along with the Affidavit of Disclosure within a maximum period of four weeks. The Courts may not grant more than two opportunities for submission of the Affidavit of Disclosure of Assets and Liabilities to the respondent. If the respondent delays in filing the reply with the Affidavit, and seeks more than two adjournments for this purpose, the Court may consider exercising the power to strike off the defence of the respondent, if the conduct is found to be wilful and contumacious in delaying the proceedings.On the failure to file the Affidavit within the prescribed time, the Family Court may proceed to decide.

4. The above format may be modified by the concerned Court, if the exigencies of a case require the same. It would be left to the judicial discretion of the concerned Court, to issue necessary directions in this regard.

5. In case of dispute w.r.t.declaration made in Affidavit of Disclosure, 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 CPC; On filing of the Affidavit, the Court may invoke the provisions of Order X of the C.P.C or Section 165 of the Evidence Act 1872; Section 106 of the Evidence Act, 1872 since the income, assets and liabilities of the spouse are within the personal knowledge of the party concerned.

Child, adoptive parents separated by Child Welfare Committee, reunited by SC

6. If there is a change in the financial status of any part or change in any relevant circumstances/ new information comes to light, the party may submit an amended / supplementary affidavit- to be considered by court while final determination.

7. The pleadings in maintenance applications and replies filed should be responsible pleadings; if false statements and misrepresentations are made, initiation of proceeding u/S. 340 Cr.P.C., and contempt may be considered.

8. In case parties belong to EWS/ BPL, or are casual labourers, requirement of filing the Affidavit would be dispensed with.

9. The Family / District / Magistrates Court to decide I.A. for Interim Maintenance by a reasoned order, within four to six months at the latest, after filing of Affidavits of Disclosure before it.

10. A professional Marriage Counsellor to be available in Family Courts”

Tags:

#Best Lawyer in rohini court, #Best Lawyer in saket court, #Best Lawyer in patiala house court, #Best Lawyer in karkardooma court