HC directs all Family Courts to insist on Affidavit of Assets, Income & Expenditure in all Matrimonial cases (Read Judgement)

The bench of Justice Gurvinder Singh Gill passed a judgment on 06.01.2020 in the case titled as Jaspreet Singh v. Gurleen Kaur.

The facts of the case were that an application under Section 125 Cr.P.C. was filed by respondent(wife) seeking maintenance from petitioner(husband).

The Punjab and Haryana High Court held that the best practices should always be followed particularly if the same are for the furtherance of efficient and effective justice dispensation. Furnishing of such affidavits would check the practice of playing “hide and seek” game in such cases where an attempt is made by a party to conceal the income and not come out with resources thereby forcing the other party to make tiring efforts to collect information which would otherwise be readily available with such party.

Further Justice Gurvinder Singh expounds that invariably there is colossal delay in disposal

of cases pertaining to maintenance. In the present case itself the application under Section 125 Cr.P.C. had been pending since the year 2015 i.e. since last more than four years.

Consequently, the following directions were issued to Family Courts in the States of Punjab, Haryana and Union Territory of Chandigarh and also to all Courts handling matrimonial litigation in the said states:

1. The Courts shall insist upon the parties to furnish “Affidavit of assets, income and expenditure”
2. The Courts shall generally follow the directions issued in Kusum Sharma's case.
3. The Courts would be at liberty to modify the format and directions as may be deemed necessary in the facts and circumstances of the case;
4. In case it is found that any of the party is making a deliberate attempt to conceal vital information or is trying to mislead the Court, then apart from the penal action which may be warranted on account of such concealment/false statement, it shall be open to the Court to consider drawing an adverse inference against such party if the conduct of such party so warrants;
5. These guidelines be followed in 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
6. Divorce Act, 1869, Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956.

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