Filing Of Affidavit Of Disclosures Cannot Be Directed In Appellate Proceedings Challenging Final Judgment In DV Proceedings: Bombay HC
|The Bombay High Court held that the requirement of filing of affidavit of disclosure of assets and liabilities in a maintenance case cannot be directed in appellate proceedings challenging final judgment in proceedings under Domestic Violence Act.
The Court perused the guidelines prescribed by the Supreme Court in Rajnesh v. Neha (2021) 2 SCC 324 which indicated that the issue of payment of interim maintenance was required to be decided “on the basis of pleadings involving certain guess-work for the purpose of prima facie assessment of the quantum” while the High Court had to determine at what stage did the affidavit of assets and liabilities was to be filed.
A Single Bench of Justice Sharmila U. Deshmukh observed, “At the appellate stage, where challenge is to the final judgment, as opposed to an appeal against an order of interim maintenance, in my view, upon reading of the decision of Rajnesh v. Neha (supra), the direction of filing of affidavit of disclosure cannot be said to apply inasmuch as at the time of final determination, there is material available before the Trial Court supported by evidence on the basis of which rights of the parties have been determined.”
Advocate Ninad Muzumdar represented the petitioner, while APP Shilpa Gajare appeared for the respondents.
The High Court held, “The filing of Affidavit of Disclosure in all pending proceedings cannot be recited as a mantra regardless of the stage of the proceedings.”
The appellate court had allowed the application of the husband who sought a direction to the wife to file her affidavit of ‘Disclosure of Assets and Liabilities’ as per the guidelines of the Apex Court in the case of Rajnesh v. Neha (supra). However, the wife argued that the affidavit of assets and liabilities was required to be filed only at the stage of grant of interim maintenance and not after the adjudication of a DV application.
The High Court stated that the guidelines laid down by the Supreme Court direct the filing of an affidavit of assets and liabilities to be filed in all maintenance proceedings including the pending proceedings before the concerned Family Courts/District Courts/Magistrate Courts.
“Upon careful reading of the decision of Apex Court as discussed above, it is clear that mandate of the Apex Court is to direct filing of Affidavit of Disclosures at the stage of deciding the application for interim maintenance,” the Court explained.
Accordingly, the High Court disposed of the application.
Cause Title: Mrs. Jeevanjyoti Kaur Bansal v. Kulvinder Singh Bansal & Ors. (Neutral Citation: 2024:BHC-AS:13488)
Appearance:
Petitioner: Advocate Ninad Muzumdar
Respondents: APP Shilpa Gajare