Geeta Devi v. Sunil Kumar

Delhi HC9 Jul 2018MAT.APP./8/2013

Case brief

AI extract

What is this about?

Financial disclosure for maintenance and alimony was addressed through revised guidelines requiring both spouses to file prescribed affidavits and supporting documents at the outset of matrimonial litigation. The Court extended the procedure to other maintenance proceedings and directed fresh affidavits in the pending appeals, without finally disposing of them.

What did the court decide?

Revised financial-disclosure guidelines issued; all parties directed to file fresh prescribed affidavits with documents within six weeks and responses within four weeks thereafter.

What the court decided

AI extract

Outcome

Revised financial-disclosure guidelines issued; all parties directed to file fresh prescribed affidavits with documents within six weeks and responses within four weeks thereafter.

Issue for consideration

Should both spouses file comprehensive financial affidavits and supporting documents at the outset of matrimonial litigation, even without a maintenance application? +2 more

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

Geeta Devi Vs Sunil Kumar — Maintenance and Alimony | Delhi HC (2018)

Geeta Devi v. Sunil Kumar

Delhi HC9 Jul 2018MAT.APP./8/2013

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Case brief

AI extract

What is this about?

What did the court decide?

Revised financial-disclosure guidelines issued; all parties directed to file fresh prescribed affidavits with documents within six weeks and responses within four weeks thereafter.

What the court decided

AI extract

Outcome

Revised financial-disclosure guidelines issued; all parties directed to file fresh prescribed affidavits with documents within six weeks and responses within four weeks thereafter.

Issue for consideration

Should both spouses file comprehensive financial affidavits and supporting documents at the outset of matrimonial litigation, even without a maintenance application? +2 more

A compact analysis

¶338

S.No	Name of the Country	Name of the Court	Applicable Rules	Affidavit for financial disclosure	Hyper Link
1.	U.S.A.	Circuit Court of Nineteenth Judicial Circuit Lake County, Illinois	PART 11.00 Family Law	Financial Affidavit 11.02	1. http://19thcircuitcourt.state.il.us/crt_for ms/Documents/family/Affidavit- Financial11.02_040306.pdf 2. http://19thcircuitcourt.state.il.us/resour ces/Pages/rules11.aspx
2.	U.S.A	Franklin County Court of Common Pleas Division of Domestic Relations and Juvenile Branch	Rules of Domestic Relations Division	Affidavit of Income and Expenses	1.http://www.fccourts.org/DRJ/PDF/forms/ income_affidavit.pdf 2. http://www.franklincountyohio.gov/clerk /drfaq.cfm
3.	U.S.A	Family Court of the State of New York County.	Part 205. Uniform rules for the family court	Financial Disclosure Affidavit	1. https://www.nycourts.gov/forms/familyc ourt/pdfs/4-17.pdf 2. http://www.nycourts.gov/rules/trialcourts /205.shtml
4.	U.S.A	Superior Court of Arizona in Maricopa County	Arizona Rules of Family Law Procedure	Affidavit of Financial Information	1. https://www.superiorcourt.maricopa.gov/ sscDocs/pdf/drosc13f.pdf 2. https://govt.westlaw.com/azrules/Browse /Home/Arizona/ArizonaCourtRules/Ariz onaStatutesCourtRules?guid=N258B8E4 0715611DAA16E8D4AC7636430&origi nationContext=documenttoc&transitionT ype=Default&contextData=(sc.Default)
5.	U.S.A	State of Winsconsin, Circuit Court	Basic guide to Divorce/ Legal Seperation	Financial Disclosure Statement	1. http://www.wicourts.gov/forms/fa- 4139.pdf 2. https://www.wicourts.gov/formdisplay/F A4100_instructions.pdf?formNumber=F A4100&formType=Instructions&formatI d=2&language=en
6.	U.S.A	Montgomery County Domestic Relations Court	Rules of the Domestic Relations Division Affidavit	Affidavit of Financial Disclosure	1. http://www.mcohio.org/government/dom estic_relations_court/docs/affidavit_of_fi nancial_disclosure.pdf 2. www.mcohio.org/government/domestic_ relations_court/docs/LOCAL_RULES.p df
7.	U.K.	Royal Court of Justice	Rules of Application for financial remedy	Form E Financial Statement	1. http://www.jordanpublishing.co.uk/syst em/redactor_assets/documents/709/For m_E.pdf 2. https://www.justice.gov.uk/courts/proc edure-rules/family/parts/part09
8.	Canada	Queen’s Bench and the Court of Appeal	Alberta Rules of Court	Schedule A to Form FL – 17 , Statement of Income , Assets and Liabilities	_ 1. http://www.albertacourts.ab.ca/LinkCli ck.aspx?fileticket=nE63Bp0FClQ%3D &tabid=310
9.	Republic of South Africa		Maintenance Act 99 of 1998	Application for Maintenance Order.	1. http://www.justice.gov.za/forms/mainten ance/MNT_Form%20A.pdf 2. www.justice.gov.za/legislation/acts/1998 -099.pdf
10.	Australia	Family Court of Australia	Family Law Rules – Rule 13.05 Federal Circuit Court Rules- Rule 24.02	Financial Statement	1. http://www.familylawcourts.gov.au/wps/ wcm/resources/file/ebfc574063514ae/Fin ancialStatement_form_0313V1.pdf 2. http://www.familylawcourts.gov.au/wps/ wcm/connect/FLC/Home/Forms/Family +Law+Courts+forms/Financial_Stateme nt_form

¶434

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

¶436

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

¶439

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?

¶443

1.	Children	from the marriage with their name and age
2.	Who has	the custody of the Children?
3.	Expendit (Give de	ure on the education of the Children tails in Clause 7)
4.	Who is b education	earing the expenditure of Children’s
5.	How mu children’ from the	ch expenditure has been incurred on the s maintenance and children’s education date of separation till now?
6.	If the c whether y the expe education	hildren are in custody of your spouse, ou have voluntarily paid or willing to pay nses for the children’s maintenance and ? If so, how much?
7.	Details o	f 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

¶446

S.No		Description
1.	*In c*	*ase of salaried persons* :
	(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x)	Designation Name and address of the employer Date of employment Gross Income including the salary, D.A., commissions/incentives, bonus, perks etc. 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 Deductions from the gross income Income tax paid Net income Value of stock option benefits if provided by the employer Pension and retirement benefits payable at the time of retirement
2.	*In c* (i) (ii)	*ase of self-employed persons* : Nature of business/profession 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

¶448

	(iii) (iv) (v) (vi) (vii) (viii)	Number of employees Annual turnover/gross receipts Gross Profit Income Tax Net Income 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) (x)	Amount of regular monthly withdrawal or drawings from the business Current value of your business interest(s)
	(xi)	Current value of your business assets
	(xii) (xiii)	List of directorships held, sitting fees, commission or any other remuneration Net worth of the company in which you are Director along with the number of shares held in the Company
3.	*Inco*	*me from Other Sources* :
	(i) (ii)	Agricultural Income Rent
	(iii)	Interest on bank deposits and FDRs
	(iv) (v)	Interest on investments including deposits, NSC, IVP, KVP, Post Office schemes, PPF, loans etc. Dividends
	(vi) (vii)	Income from machinery, plant or furniture let on hire. Gifts
	(viii)	Profit on sale of movable/ immovable assets
4.	Any	other income not covered above
	TOT (Give	AL INCOME monthly income)

¶452

S.		Description	Amount
No.			(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

¶454

		(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	Club
	and recreation	Health Club
		Gym
7.	Holiday and vacations
8.	Gifts
9.	Pocket money/allowan	ce
10.	Legal/litigation expen	ses
11.	Discharge of Libiliti	Credit card(s) payment
	aes	Hire purchase/lease
		(i) Repayment of Loans
		(a) House loan
		(b) Car loan
		(c) Personal loan
		(d) Business loan

¶456

		(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)
TOTA (Give	L EXPENDITURE monthly expenditure)

¶458

S. No.	Assets	Particulars	Estimated Market Value
1	. *Real Estate* 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* : (i) Details of all bank accounts including Current and Savings Accounts in your name, or joint name and balance in the	Account No. & Name of Bank	Current Balance

¶460

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* Indicate name of institution where accounts are held, name and address of pension plan and pension details.	Particulars	Maturity amount
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.

¶462

(vii) Other household appliances (viii) Quantity of gold, silver and diamond jewellery (ix) Quantity of Silver Utensils
7. Intangible propertiesincluding patents, trademark, copyright design and goodwill and their value
8. *About disposal of properties* 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	Particulars	Sale consideration received
9. *Others* 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	Particulars	Estimated current value

¶464

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

¶468

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

¶472

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

¶474

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

S. No.		Description
1.	Aadhar Card
2.	PAN Card
3.	Passport

¶481

S. No.	Description		Please Tick
		Attached	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

¶483

8.	(v) *In ca*	Copies of TDS certificates *se 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 ca} *sourc*	^{se of Income from other} es :
	(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

¶485

		respect of dividend income
	(iv)	Sale Deed(s)/transfer documents in respect of the profit on sale of property/properties
10.	Other Incom	relevant documents relating to e/Assets
11.	Other liabili	relevant documents relating to ties 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

¶487

payment of and other loa	interest ns	on bank
(xv) Documents payment of	relating taxes,	to the including
Income Tax,	Wealth	Tax and
Property Tax
(xvi) Other relev relating to Ex	ant d penditur	ocuments e

Geeta Devi v. Sunil Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

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Geeta Devi v. Sunil Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Bhupinder Singh Malik Vs Estate Officer, Directorate of Estates, Ministry of Urban Development

Deepjot Singh Vs S C Meena and Anr.

Chaman Lal Vs Delhi Jal Board and Ors.

Bayerische Motoren Werke Ag Vs Madan Walia

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Shankar Haldar Vs R D Aggarwal & Anr.

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