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Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     19 November 2012

Maintenance.

Dear Experts,

If court asks for filing affidavit giving details of all the assets,income etc. and person filed affidavit relating to income only and not assets as the issue is maintenace which depends on income on assets.

In such  a situtaion what the court can do, will it be treated as contempt of court and court can fine or take some action.

Please advise.

tx and regards



Learning

 3 Replies

Tajobsindia (Senior Partner )     19 November 2012

The root of your query which you made out as generic is infact the controversial D HC Order of declaration of income / assets of parties in one decided case and made it binding for all lower courts in Delhi to act upon it and mechanically all Delhi lower courts are asking parties to declare the same.

Having disclosed how your query is generic now I would like to say that you can disclose income details as per affidavit and rightly said that the matter under adjudication is of maintenance at this stage. What court can do, nothing is my opinion as the court is sitting on deciding maintenance issues and side by side following the above referred Delhi HC directions.

Think out of the box never follow bookish knowledge then only one can fight such controversies otherwise why ask the question here in generic form instead of specific to
Delhi litigants which this question is all about?

Last reply from my side; reason being I am sure you will ask another set of dozen question relating to same controversy instead of you yourself challenging the very affidavit direction of D HC and create precedent for others to follow! It takes steel willed people to do so which you are not seems so as you have kept the controversy open all these months if one looks at same post queries of yours here.

Why controversy bze, the D HC directed the parties before her to file such Affidavit. D HC same day made it as guidelines for all trial courts in Delhi to follow it when question of deciding maintenance creeps. Mind it is Single Bench guidelines.

Later on, on next date one party came and other did not came to Court, matter adjourned. On next date one party asked time and other party said we are thinking on lines mutual consent, again matter adjourned. On last date of hearing parties compromised and without filling Affidavit as directed by same Single bench went for mutual consent divorce at lower Court.

Now till date lower courts in
Delhi
is mechanically following the single bench direction which is become redundant. It does not take any PIL or other parties like you to challenge it now in D HC and for that you don’t need SIFF or others or so many questions for same topic. Spend money and let your advocate challenge and create precedent and see your name appeared in Law reporters for all to say now thank you.

Now you see from above where and how it became controversial and can easily be challenged before Division Bench on point of Law read with Hindu Marriage Act intent and objects r/w wisdom of just a Single Bench becoming gospel guidelines for eternity which is not for penalizing parties but protecting the very marriage principles / institutions.

Parting crude comment to you is your screen name is Bhaskar For Social Justice so what social justice you are fighting here, instead you are asking same question of AFFIDAVIT of D HC number of times with different flavours and in that way social justice does not come to society Mr. Bhaskar…………..

 

stanley (Freedom)     19 November 2012

@ Baskar 

File an affidivat just stating your income and not your assests .You are neither denying nor accepting  in your affidivat nor  are you acknowledging nor denying about your assests .  Alternatively if these are fixed assets and are not generating any yearly revenue than you dont have to bother as it is not a source of income to you .So where is the question of Pre - Jury . you havent filed a false affidivat as your affidivat would be related to your income and it is nothing but the truth under oath .I do acknowledge that when it comes to maintanence it gives you the creeps  . There is no point worrying as this does not solve your problems . Hence relax have a beer and keeping smiling and thank God for giving you every single day of your life to live and have a good nights sleep .

Now  where is the question of contempt of court taking place . Contempt of court would only take place wherein you are not    adhering to an order passed by the court .;)

Bhaskar for SOCIAL JUSTICE (Legal & Social Activist)     19 November 2012

 

India contempt of court is of two types:
1. Civil Contempt
Under Section 2(b) of the Contempt of Courts Act of 1971, civil contempt has been defined as wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court.

2. Criminal Contempt
Under Section 2(c) of the Contempt of Courts Act of 1971, criminal contempt has been defined as the publication (whether by words, spoken or written, or by signs, or by visible representation, or otherwise) of any matter or the doing of any other act whatsoever which:
(i) Scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court, or
(ii) Prejudices, or interferes or tends to interfere with the due course of any judicial proceeding, or
(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner. 
(a) 'High Court' means the high court for a state or a union territory and includes the court of the judicial commissioner in any union territory.

 

Please advise in above context please.

 

tx and regards


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