In the Court of ________________, Principal Judge Family

Court, _______________
Case No.____________

_________________________
Versus
_________________________

…..
Application on behalf of the respondent _______________
requesting for taking income and assets affidavit from both
Applicant and Respondent.
Respectfully showeth:-

1. That the above noted case is pending in the Hon’ble court and the same is fixed
for today for cross of applicant’s evidence.

2. That as per the landmark judgement of Hon’ble Supreme Court of India in the
case titled Rajnish Vs. Neha dated 4th Nov 2020 it is mentioned as under-

“It has therefore become necessary to lay down a procedure to streamline the proceedings,
since a dependant wife, who has no other source of income, has to take recourse to borrowings
from her parents / relatives during the interregnum to sustain herself and the minor children,
till she begins receiving interim maintenance.

(iii) In the first instance, the Family Court in compliance with the mandate of Section 9 of the
Family Courts Act 1984, must make an endeavour for settlement of the disputes. For this,
Section 6 provides that the State Government shall, in consultation with the High Court, make
provision for counsellors to assist a Family Court in the discharge of its functions. Given the
large and growing percentage of matrimonial litigation, it has become necessary that the
provisions of Section 5 and 6 of the Family Courts Act are given effect to, by providing for the
appointment of marriage counsellors in every Family Court, which would help in the process
of settlement.

If the proceedings for settlement are unsuccessful, the Family Court would proceed with the
matter on merits.

(iv) The party claiming maintenance either as a spouse, or as a partner in a civil union, live-in
relationship, common law marriage, should be required to file a concise application for interim
maintenance with limited pleadings, alongwith an Affidavit of Disclosure of Assets and
Liabilities before the concerned court, as a mandatory requirement.
(v) On the basis of the pleadings filed by both parties and the Affidavits of Disclosure, the Court
would be in a position to make an objective assessment of the approximate amount to be
awarded towards maintenance at the interim stage.
In another recent judgement of Hon’Ble Supreme Court in the case of Aditi Alias Mithi Vs Jitesh
Sharma dated 6th Nov 2023 it is mentioned as under –
“Guidelines were issued in exercise of powers under Article 136 read with Article 142 of the
Constitution of India, prescribing a uniform format of Affidavit of Disclosure of Assets and Liabilities
to be filed in maintenance proceedings. The judgment was delivered on 04.11.2020. The affidavit
was to be submitted in all maintenance proceedings including pending proceedings. The directions
given are extracted as under:

“72. Keeping in mind the need for a uniform format of Affidavit of Disclosure of Assets and Liabilities
to be filed in maintenance proceedings, this Court considers it necessary to frame guidelines in
exercise of our powers under Article 136 read with Article 142 of the Constitution of India:

72.1. (a) The Affidavit of Disclosure of Assets and Liabilities annexed at Enclosures I, II and III of this
judgment, as may be applicable, shall be filed by the parties in all maintenance proceedings,
including pending proceedings before the Family Court/District Court/Magistrate's Court
concerned, as the case may be, throughout the country;

72.2. (b) The applicant making the claim for maintenance will be required to file a concise
application accompanied with the Affidavit of Disclosure of Assets;

72.3. (c) The respondent must submit the reply along with the Affidavit of Disclosure within a
maximum period of four weeks. The courts may not grant more than two opportunities for
submission of the Affidavit of Disclosure of Assets and Liabilities to the respondent. If the
respondent delays in filing the reply with the affidavit, and seeks more than two adjournments for
this purpose, the court may consider exercising the power to strike off the defence of the
respondent, if the conduct is found to be wilful and contumacious in delaying the proceedings
[Kaushalya v. Mukesh Jain, (2020) 17 SCC 822 : 2019 SCC OnLine SC 1915] . On the failure to file the
affidavit within the prescribed time, the Family Court may proceed to decide the application for
maintenance on the basis of the affidavit filed by the applicant and the pleadings on record;

72.4. (d) The above format may be modified by the court concerned, if the exigencies of a case
require the same. It would be left to the judicial discretion of the court concerned to issue necessary
directions in this regard.

72.5. (e) If apart from the information contained in the Affidavits of Disclosure, any further
information is required, the court concerned may pass appropriate orders in respect thereof.

72.6. (f) If there is any dispute with respect to the declaration made in the Affidavit of Disclosure,
the aggrieved party may seek permission of the court to serve interrogatories, and seek production
of relevant documents from the opposite party under Order 11 CPC. On filing of the affidavit, the
court may invoke the provisions of Order 10 CPC or Section 165 of the Evidence Act, 1872, if it
considers it necessary to do so. The income of one party is often not within the knowledge of the
other spouse. The court may invoke Section 106 of the Evidence Act, 1872 if necessary, since the
income, assets and liabilities of the spouse are within the personal knowledge of the party
concerned.

72.7. (g) If during the course of proceedings, there is a change in the financial status of any party,
or there is a change of any relevant circumstances, or if some new information comes to light, the
party may submit an amended/supplementary affidavit, which would be considered by the court at
the time of final determination.

72.8. (h) The pleadings made in the applications for maintenance and replies filed should be
responsible pleadings; if false statements and misrepresentations are made, the court may
consider initiation of proceeding under Section 340 CrPC, and for contempt of court.
 9. Criteria was also laid down for determining the quantum of maintenance. Guidelines were laid
down regarding maintenance to minor children in paras 91 and 92 thereof, which are extracted
below:

“Permanent alimony

91. The living expenses of the child would include expenses for food, clothing, residence, medical
expenses, education of children. Extra coaching classes or any other vocational training courses to
complement the basic education must be factored in, while awarding child support. Albeit, it should
be a reasonable amount to be awarded for extracurricular/coaching classes, and not an overly
extravagant amount which may be claimed.

92. Education expenses of the children must be normally borne by the father. If the wife is working
and earning sufficiently, the expenses may be shared proportionately between the parties.”

It is therefore prayed to this Hon’ble court that the income and assets affidavit be
taken from both the parties as per the guidelines of Hon’ble Supreme Court in the
interest of justice.

Dated : _____________ Submitted by :-

Respondents

Through Counsel :-