Application by respondent in Family Court for direction to petitioner to furnish documents and file fresh income affidavit
Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.
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IN THE COURT OF THE PRINCIPAL JUDGE, FAMILY COURT,
SAKET DISTRICT COURT, DELHI
In re: -
Petitioner's name… Petitioner
Versus
Respondent's name… Respondent
Application on behalf of the Respondent, Respondent's name, seeking a direction to the Petitioner to furnish important documents before this Hon’ble Court, in accordance with the directions of the Hon’ble High Court of Delhi in its judgment.
MOST RESPECTFULLY SHOWETH: -
1.That the above-noted case is pending before this Hon’ble Court and is fixed for Date of next hearing (day).Date of next hearing (month).Year of next hearing.
2.That, as per the directions of the Hon’ble High Court of Delhi, a detailed income affidavit is required to be filed by both parties, i.e., the Petitioner and the Respondent, in matters under Section 125 Cr.P.C., Section 12 of the DV Act, and Section 13 of the HMA, together with directions to submit the requisite information in a proper format, in the form of an affidavit duly sworn, along with all documents pertaining to the income and expenditure of the parties. In the present matter, the Petitioner has not complied with the directions of the Hon’ble High Court and has filed a detailed income affidavit containing incomplete information, and that too without filing the requisite documents.
3.That the Petitioner has filed the detailed income affidavit before this Hon’ble Court in Year of income affidavit filing, wherein the required information, along with the supporting documents, was not filed by the Petitioner. The following information was not disclosed in the affidavit:
a.Bank account information, together with all account details and documents, was not filed by the Petitioner. The Petitioner holds four bank accounts, namely First bank account details Second bank account details Third bank account details, as mentioned in the income affidavit, but the bank statements for the last three years have not been furnished before this Hon’ble Court.
b.The total amount paid by the Respondent to the Petitioner has not been clearly stated in the affidavit; only a partial amount has been mentioned therein.
c.The income tax returns for the last three years have not been furnished.
d.The net income for the last three years has not been disclosed.
e.Details of share pension plans, retirement plans and other benefits have not been furnished.
f.Details of rented accommodation and rent receipts for the last three years have not been furnished.
g.Details and bills of repairs and maintenance, as mentioned in the affidavit, have not been furnished.
h.Details and bills in respect of water, electricity, grocery items, food items, clothes, telephone, gas, set-top box, repairs, taxi expenses, etc., have not been furnished.
i.Details and bills of educational expenditure amounting to Rs. 0,00,000/- and Rs. 0,00,000/- towards maintenance have not been furnished.
j.Details and bills of crèche/day care/after-school care have not been furnished.
k.Details and bills of private tuitions, sports, outings/summer camps, vacations, entertainment and other expenses have not been furnished.
l.Details and bills in respect of expenses on doctors, medication, hospitalisation and other medical expenses have not been furnished.
m.Details and bills in respect of legal/litigation expenses, credit card payments, personal loans, and expenditure on the education and maintenance of both the minor children have not been furnished.
n.The estimated market value of the flat has not been disclosed.
o.Details of all bank accounts and investments, i.e., PPF, policies, etc., have not been furnished.
p.Details of the sale consideration received have not been disclosed.
q.Details and value of household items of high value, and the location of deposit lockers, have not been disclosed.
r.Details and salaries of the two servants have not been furnished.
s.Details of membership in clubs/health clubs/gymnasiums have not been furnished.
t.Details and statements for the last three years of all credit cards and debit cards have not been furnished.
4.That the Petitioner filed her affidavit of Income and Expenditure before this Hon’ble Court; however, in the said affidavit, Parts I to X were not filled in by the Petitioner as per the directions of this Hon’ble Court, and the documents were not furnished along with the affidavit. The Petitioner has intentionally and deliberately withheld the said information and concealed material facts in her affidavit, thereby committing contempt of court.
5.That in the Income and Expenditure affidavit filed in the year Year of income and expenditure affidavit, the Petitioner stated that she was earning Rs. 0,00,000/-, whereas in the evidence affidavit filed in Month of evidence affidavit filing Year of evidence affidavit filing, the Petitioner has stated that she is unemployed. A detailed affidavit of her present situation, along with all relevant details, is therefore very much required to be filed before this Hon’ble Court.
6.That the facts regarding the employment of the Petitioner require clarification, namely, the period during which she was employed, from Start date of petitioner's employment to X End date of employment.
7.That the present case was filed in the year Year of case filing, and the income affidavit was not filed by the Petitioner from the year Start year of non-filing period to End year of non-filing period. Despite the directions of this Hon’ble Court, the Petitioner did not file the income affidavit. On Date of court order granting last opportunity (day).X.Year of last opportunity order, this Hon’ble Court granted the Petitioner the last opportunity to file the income affidavit within one week, with an advance copy to the opposite counsel. In spite of the direction of this Hon’ble Court, the advance copy of the affidavit was not supplied to the counsel for the Respondent, and it was only on Date of supply of income affidavit (day).Date of supply of income affidavit (month).Year of supply of income affidavit that a copy of the Petitioner’s income affidavit was supplied to the Respondent from the judicial record.
8.That the Petitioner failed to file her evidence despite the direction of this Hon’ble Court. On Date of order on evidence filing (day).Date of order on evidence filing (month).Year of order on evidence filing, the last opportunity was granted to the Petitioner to file her evidence. Thereafter, on Date of later order on evidence (day).Date of later order on evidence (month).Year of later order on evidence, this Hon’ble Court was pleased to pass the following order: “Ld. Counsel Name of petitioner's counsel in court order for petitioner. Respondent is present. Last opportunity was afforded to the petitioner for her evidence. Name of counsel making submission in order submits that main counsel is not available as his mother’s death anniversary falls today and he has gone to his native place. The Court finds the excuse not justifiable. The date of the death anniversary should have been to the knowledge of the counsel when the date was fixed. One more opportunity is afforded by the Court. It is, however, made clear that the petitioner will not be entitled to seek maintenance for the period of delay caused by her, i.e., Start date of delay period (day).Start date of delay period (month).Year of start of delay period, till her evidence is recorded. Adjourned to Date of adjournment (day).Date of adjournment (month).Year of adjournment.”
9.That the Petitioner has intentionally wasted the valuable time of this Hon’ble Court and seeks only to harass the Respondent, whether physically, financially or otherwise, and has, till date, not submitted the relevant information and documents before this Hon’ble Court.
10.That the following documents are essential for the adjudication of the present matter, and the directions in respect thereof have been laid down in the judgment of the Hon’ble High Court of Delhi. The Petitioner is, therefore, required to furnish the following information and documents before this Hon’ble Court:
a.Bank account information, together with all account details and documents, was not filed by the Petitioner. The Petitioner holds four bank accounts, namely Bank account details, Bank name Bank, as mentioned in the income affidavit, but the bank statements for the last three years have not been furnished before this Hon’ble Court.
b.The total amount paid by the Respondent to the Petitioner has not been clearly stated in the affidavit; only a partial amount has been mentioned therein.
c.The income tax returns for the last three years.
d.The net income for the last three years.
e.Details of share pension plans, retirement plans and other benefits.
f.Details of rented accommodation and rent receipts for the last three years.
g.Details and bills of repairs and maintenance, as mentioned in the affidavit.
h.Details and bills in respect of water, electricity, grocery items, food items, clothes, telephone, gas, set-top box, repairs, taxi expenses, etc.
i.Details and bills of expenditure incurred on education amounting to Rs. Amount of education expenditure and Rs. Amount of maintenance expenditure towards maintenance, which have not been furnished.
j.Details and bills of expenditure incurred on crèche / day care / after-school care.
k.Details and bills of expenditure incurred on private tuitions, sports, outings, summer camps, vacations, entertainment and other similar expenses.
l.Details and bills of medical expenses, including doctor's fees, medication, hospitalisation and other medical expenses.
m.Details and bills of legal / litigation expenses, credit card payments, personal loan repayments, expenditure on education and maintenance of both the minor children.
n.Estimated market value of the flat.
o.Details of all bank accounts and investments, including PPF, insurance policies, etc.
p.Details of the sale consideration received.
q.Details and valuation of household items of high value, and the location of deposit lockers.
r.Details of the number of servants employed and their salaries.
s.Details of memberships held in clubs / health clubs / gyms.
•Details and the last three years' statements of all credit cards and debit cards.
All the aforesaid documents are required to be furnished before this Hon'ble Court for the period from Start date of documents period up to April Year up to which documents to be furnished, since the evidence affidavit filed by the Petitioner before this Hon'ble Court does not disclose the present status of the Petitioner regarding income and expenditure.
PRAYER
It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the Petitioner to furnish the above-mentioned information and documents as set out in paragraph 10 of the present application, and further to direct the Petitioner to file a fresh, detailed income and expenditure affidavit, since the affidavit earlier filed by the Petitioner pertains to Year of earlier affidavit, in the interest of justice.
Any other order which this Hon'ble Court may deem fit and proper may also kindly be passed in favour of the Respondent.
Respondent's name
Delhi
Date:
Through
Name of counsel/law firm & ASSOCIATES
Office - Law office address
Mob - Counsel's mobile number
•Counsel's name/signature
IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, SAKET DISTT COURT, DELHI
In re :-
Petitioner's name… Petitioner
Versus
Respondent's name… Respondent
AFFIDAVIT
I, Deponent's name, S/o Deponent's father's name, R/o Deponent's address, Deponent's city/state, at present at Delhi, do hereby solemnly affirm and state as under:
1.That the deponent is the Respondent in the above-noted case, is well conversant with the facts of the case, and is competent to swear the present affidavit.
2.That the contents of the accompanying application have been drafted by my counsel under my instructions; the contents thereof have been read over to me in vernacular and understood by me. The same are correct and may be read as part and parcel of the present affidavit, and have not been repeated herein for the sake of brevity.
DEPONENT
VERIFICATION:
I, the above-named deponent, do hereby verify at New Delhi on this Date of verification (day) day of Month of verification that the facts stated in the above affidavit are true to my knowledge. No part of the same is false and nothing material has been concealed therefrom.
DEPONENT