Family and matrimonial

Evidence affidavit of respondent on petitioner's income and means in maintenance case

Cites the IPC, CrPC or Evidence Act. For matters from 1 July 2024, use the BNS, BNSS or BSA.

0 of 52 blanks filled

IN THE COURT OF Court name; FAMILY COURT; DIST. WEST; TIS HAZARI COURTS, DELHI.

MT. CASE NO. Case number OF 2018.

IN THE MATTER OF :-

Petitioner's name: PETITIONER

VERSUS

Respondent's name: RESPONDENT

N.D.O.H.: Date of next hearing

EVIDENCE BY WAY OF AFFIDAVIT OF THE RESPONDENT (RW1)

AFFIDAVIT OF SH. Deponent's name AGED ABOUT Deponent's age YEARS, S/O SH. Deponent's father's name, R/O Deponent's address, WHO DOES HEREBY SOLEMNLY AFFIRM AND DECLARE AS UNDER:-

1.That I am the Respondent in the above-mentioned case; I am fully conversant with the facts of the case and am competent to swear this present affidavit.

2.I state that the Petitioner herself is guilty of desertion of the Respondent and of the matrimonial home. She made no effort whatsoever to sustain the matrimonial life, with the mala fide intention and ulterior motive of pressurising the Respondent in collusion with her parents and her associates, who misled the Petitioner.

3.I further state that the Petitioner left the company of the Deponent without any reasonable excuse, and that the Petitioner was at all times cruel towards the Deponent and his family members. The Petitioner is suppressing material facts from this Hon'ble Court with mala fide intention.

4.I further state that the Petitioner is a working lady. She is well educated and has also been undertaking tuition work. She has sufficient income every month. The Petitioner is an able-bodied person; she is working and earning, but she is suppressing the true facts from this Hon'ble Court.

5.I further state that the Petitioner failed to perform her duties as the legally wedded wife of the Deponent, yet it is highly surprising that the Petitioner now speaks of the responsibility of the Deponent and his family members. The conduct of the Petitioner conveys a wrong message to society, as the Petitioner is residing with her parents. There is no fault on the part of the Deponent or his family members in respect of the Petitioner leaving the matrimonial home. In fact, the Petitioner herself disturbed the matrimonial life by means of false allegations, in collusion with her parents and her associates.

6.I further state that the Petitioner has a share in the movable and immovable properties of her parental family and, being employed, she is capable of maintaining herself and of bearing the expenses of litigation. The Petitioner left her matrimonial home, without reasonable excuse, without permission and without the consent of the Deponent. The Deponent made his best efforts to bring the Petitioner back by visiting her parental home, but on every occasion the Petitioner was, and remains, adamant in refusing to return to the matrimonial home and to rejoin the company of the Deponent, on one pretext or another, without realising the consequences of her acts and deeds.

7.I further state that during the pendency of the present case, the Deponent filed an application under Section 127 Cr.P.C. on the basis of changed circumstances, as the Deponent succeeded in obtaining the details of the entire work experience of the Petitioner from her current employer, Petitioner's current employer.

8.I further state that the Petitioner is presently drawing a monthly salary of Petitioner's current monthly salary (₹)/- from Petitioner's current employer, and that she also has rental income of Petitioner's monthly rental income (₹)/- per month from property No. Rental property number, Property area pincode, in respect of which the lease deed dated Lease deed date is Ex.PW-1/R3. As on date, the current monthly earnings of the Petitioner exceed Rs. Petitioner's total monthly earnings (₹)/- per month.

9.I further state that the entire work experience of the Petitioner is set out in her resume, which she submitted to Petitioner's employer name and which she concealed. Interim maintenance was granted to her on Date of interim maintenance order. The partial details of the monthly earnings of the Petitioner, from salary as well as rental income, are as under:-

A.The Petitioner is earning a monthly salary of Rs. Petitioner's monthly salary (₹)/-, having been employed since June 2023 at Petitioner's workplace location, Delhi, which finds mention in her resume submitted by her on Date of submission of resume. The copy of the resume submitted for employment to Petitioner's employer name, dated Date of resume submitted for employment, bearing the signature of the Petitioner Petitioner's signature, is Ex.RW1/1.

B.The Petitioner purchased property No. Purchased property number/131, Purchased property location, New Delhi, for a sum of Rs. Purchase price of property (₹)/- (certified copy of the sale deed dated Sale deed date of purchased property is already exhibited as Ex.PW1/R2), which proves that the Petitioner concealed her means of income, earnings and financial capacity from this Hon'ble Court, and procured the interim maintenance order dated Date of interim maintenance order by playing a fraud upon this Hon'ble Court.

C.Further, the Petitioner sold property No. Sold property number, Sold property location, New Delhi, for a sum of Rs. Sale price of property (₹)/-, by virtue of a sale deed dated Sale deed date of sold property. A copy of the sale deed dated Date of sale deed exhibited is Ex.RW1/2.

D.The Petitioner concealed her rental income of Rs. Rental income concealed (₹)/- from property No. Rental property number, Delhi-1100015, in respect of which there is a lease deed dated Lease deed date. A certified copy of the lease deed, proving the rental income of Rs. Monthly rental income (₹)/- of Ms. Petitioner's name from property No. Rental property number, Delhi, is Ex.RW1/3.

E.The Petitioner worked as a Customer Care Executive with Previous employer name for 48 months, from Start date of previous employment until June 2023, during which period her monthly salary was Rs. Monthly salary at previous employment (₹)/-, which finds mention in her resume submitted by her on Date of resume submission.

F.The Petitioner purchased property No. Property number, Property area pincode, for a sum of Rs. Property value (₹)/-, vide document dated Date of property document; the same is Ex.PW-Exhibit number, produced during cross-examination on Date of cross-examination. The said property was leased at Rs. Monthly lease rent (₹)/- per month, by a lease deed dated Lease deed date. A certified copy of the lease deed dated Lease deed date, proving the rental income of Rs. Monthly rental income (₹)/- of Ms. Petitioner's name from property No. Rental property number, New Delhi-1100015, is Ex.Exhibit number.

G.The Petitioner also has rental income of Rs. Monthly rental income (₹)/- from property No. Rental property number, New Delhi-1100015, admeasuring 100 sq. yds., by virtue of the said lease deed dated Lease deed date. A certified copy of the lease deed dated Lease deed date, proving the rental income of Rs. Monthly rental income (₹)/- of Ms. Petitioner's name from property No. Rental property number, New Delhi-1100015, is Ex.Exhibit number.

10.I further state that, apart from the facts mentioned above, the Petitioner also concealed her bank account number, being Bank account number, New Delhi, into which she received her salary for the period Period of salary receipt. Copies of the bank statements are Ex.Exhibit number. The Petitioner worked with Previous employer name from Start date at DD Motors until End date at DD Motors, and thereafter joined Previous employer name, where she worked as a Senior Executive from Start date at Libra Hyundai until End date at Libra Hyundai. The entire income from her employers has been, and is being, concealed from this Hon'ble Court by the Petitioner.

11.I state that whatever is stated hereinabove is true and correct to the best of my knowledge and belief.

DEPONENT

VERIFICATION:-

Verified at New Delhi on this Date of verification day of Month of verification, 2024, that the contents of paragraphs 1 to 11 of my above evidence affidavit are true and correct to the best of my knowledge and belief, and that nothing material has been concealed therefrom.

DEPONENT

IN THE COURT OF Court name; FAMILY COURT; DIST. WEST; TIS HAZARI COURTS, DELHI.

MT. CASE NO. Case number OF 2018.

IN THE MATTER OF :-

Petitioner's name: PETITIONER

VERSUS

Respondent's name: RESPONDENT

N.D.O.H.: Date of next hearing

EVIDENCE BY WAY OF AFFIDAVIT OF THE RESPONDENT (RW1)

AFFIDAVIT OF SH. Deponent's name AGED ABOUT Deponent's age YEARS, S/O SH. Deponent's father's name, R/O Deponent's address, WHO DOES HEREBY SOLEMNLY AFFIRM AND DECLARE AS UNDER:-

1.That I am the Respondent in the above-mentioned case; I am fully conversant with the facts of the case and am competent to swear this present affidavit.

11.I state that whatever is stated hereinabove is true and correct to the best of my knowledge and belief.

DEPONENT

VERIFICATION:-

DEPONENT

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All templates

IN THE COURT OF THE HON'BLE DISTRICT JUDGE, DISTRICT District name, TIS HAZARI COURTS, DELHI

DV APPEAL NO. DV appeal number OF 20Year of appeal

IN THE MATTER OF :-

Appellant's name: APPELLANT

VERSUS

Respondent's name: RESPONDENT

INDEX

S.NO.	PARTICULARS	PAGES
1.	MEMO OF PARTIES
2.	APPEAL UNDER SECTION 29 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, ALONG WITH AFFIDAVIT.
3.	LIST OF DOCUMENTS.
4.	APPLICATION ON BEHALF OF THE APPELLANT SEEKING IMMEDIATE STAY OF THE ORDER DATED Date of the impugned judgment/order PASSED BY THE LEARNED M.M., MAHILA COURT, Name of the trial court in which the impugned order was passed, DELHI, IN CASE BEARING NO. Trial case number (MC number) TITLED "Complainant's name in trial case VS. Respondent's name in trial case", UNDER SECTION 29 OF THE PWDV ACT, 2005, FILED ON BEHALF OF THE APPELLANT, ALONG WITH AFFIDAVIT.

Family and matrimonial

Appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005 with stay application and affidavits

IN THE COURT OF Judge's name, LD. SCJ-CUM-RC, TIS HAZARI COURTS, DELHI.

CASE NO. RAC-Case number (RAC)/Year of case number.

IN THE MATTER OF:

Petitioner's name: PETITIONER

VERSUS

Respondent's name: RESPONDENT

APPLICATION ON BEHALF OF THE APPLICANT / RESPONDENT SEEKING SUPPLY OF THE COMPLETE SET OF DOCUMENTS FILED BY THE PETITIONER IN SUPPORT OF THE PETITION.

MOST RESPECTFULLY SHOWETH:-

1.That the aforesaid petition was filed by the petitioner before this Hon'ble Court, and the same is fixed for Date fixed for hearing.

2.That on Date of issuance of court notice, a notice was issued by this Hon'ble Court to the respondent, and the same was received on Date of receipt of notice. After receipt of the notice, the respondent engaged counsel to contest the present proceedings, and upon perusal of the file, counsel found that the complete set of documents had not been supplied along with the summons by the petitioner.

Family and matrimonial

Application by respondent for supply of complete set of documents filed with the petition

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.

Family and matrimonial