Maintenance – DV Act – Filing of affidavit declaring Assets and Liabilities by spouses is for to determine interim maintenance by the Court and not after application was finally adjudicated
Salutary object and importance of filing affidavit of declaration of assets and liabilities by the spouses in maintenance cases under Domestic Violence Act
Maintainability of an application for disclosure of assets by the wife filed by the husband in his appeal against the order of maintenance granted by the Magistrate.
In the case filed under the DV Act, the Court directed the husband to pay maintenance of Rs.1 lakh to the wife and minor daughter.
The husband filed appeal under Section 29 of the DV Act. On 7.1.2022, the husband filed an application in the appeal for direction to the wife to file her affidavit disclosing her assets and liabilities as per the guidelines laid down in the judgment of the Supreme Court in Rajnesh Vs. Neha (2021 (2) SCC 324).
The appellate Court allowed the appeal on the ground that appeal is continuation of the proceedings and directed the wife to file affidavit.
The wife filed the writ petition against the said order.
HELD that the judgment of the Supreme Court was given on 18.2.2020 and is applicable to pending proceedings. The question of maintenance is decided on the basis of pleadings of the parties, which do not disclose correct details or suppress vital information. However, the Court would be in a better position to make objective assessment of the approximate amount on the basis of disclosure of assets and the liabilities. The guidelines would indicate that the affidavit of assets is required to be filed at the stage of grant of interim maintenance. The effect of directing filing of affidavit at appellate stage will have detrimental impact of re-adjudicating the issues concluded by the trial Court on appreciation of evidence. Filing of affidavit at appellate stage would amount to bring new material which will have to be tested on the touch-stone of evidence which is not permissible at the appellate stage after final adjudication.
Judgment dated 20.3.2024 in Writ Petition (ST) No.1913 of 2024 of Mrs.Jeevanjyoti Kaur Bansal Vs. Kulvinder Singh Bansal and others with connected matter.
