Case title:
Kusum Sharma vs Mahinder Kumar Sharma
Date of Order:
6 August 2020
Bench:
Hon’ble Mr. Justice J. R Midha
Parties:
Appellant - Kusum Sharma
Respondents- Mahinder Kumar Sharma
SUBJECT
Maintenance is an integral part of Hindu law. It is a legal obligation of a person to support their spouse, children, and parents financially. Those who are unable to support themselves due to age, illness, or other reasons, or those who are unable to take care of themselves, can claim maintenance from the person legally obliged to support them. Hindu Law allows maintenance claims by any family member dependent on the other. This includes the husband, wife, children, parents, brothers, sisters, grandparents, and other relatives. Maintenance is meant to cover food, clothing, shelter, medical expenses, and other expenses incurred by family members. Laws in many developing countries prescribe a format of assets, income, and expenditure that should be mandatorily filled by the parties to any matrimony litigation. However, the same is not provided in any Indian law. The instant case deals with this subject matter.
IMPORTANT PROVISIONS
Hindu Marriage Act, 1955
- Section 24
- Section 25
Family Courts Act 1984
- Section 10(3)
Indian Evidence Act
- Section 106
- Section 165
OVERVIEW
- There is no explicit provision in India that requires parties to maintenance cases to disclose their assets, income, or expenditure in a particular format.
- However, in 2016, the court formulated an affidavit of assets, income, and expenditure to be filed by both parties to matrimonial litigation.
- This direction was refined various times and the modification made in the judgment dated 06th December 2017 warranted further refining after fifty more formats of affidavits of assets, income, and expenditure of various countries came to the court's notice.
- The court suggested improvements to the direction in the case of Bhandari Engineers & Builders Pvt. Ltd. v. Maharia Raj Joint Venture [(2020) 266 DLT 106] for ease of execution cases.
- The present petition is filed before the Hon’ble Delhi High Court to clarify the questions regarding alimony and maintenance under the Hindu Marriage Act, 1955.
ISSUE RAISED
- Should the financial capacity/status of both parties be considered before granting/ refusing maintenance under the Hindu Marriage Act, 1955?
JUDGEMENT ANALYSIS
- The court modified the affidavit assets four times, the last being Kusum Sharma IV, judgment dated 6th December 2017 – (2018) 246 DLT.
- The format of the affidavit of assets, income, and expenditure is further comprehensive in the current judgment, Kusum Sharma V after weighing all the directions issued by this Court in Kusum Sharma I, Kusum Sharma II, Kusum Sharma III, and Kusum Sharma IV. Annexure A2 is the revised format of the affidavit propounded by the court in Kusum Sharma V.
- The court held that the modified affidavit of assets, income, and expenditure is significant and helpful in determining maintenance in matrimonial litigation.
- The court directed that a salaried person is required to disclose the particulars of his employment as well as income from all other sources.
- It was further directed that the affidavit should include disclosure of their standard of living and lifestyle and their expenditures.
- The bench then noted that adherence to the simultaneous filing of the affidavits is highly required. For pending maintenance cases, if the parties have not already filed their affidavits of assets, income, and expenditure, the Court will direct them to file theirs in Annexure A2.
- Special reference was given to pending maintenance cases where the court directed the parties to file the affidavit in the form of Annexure 2.
- Reliance was placed on the case of Ved Parkash Kharbanda v. Vimal Bindal, [(2013) 198 DLT 555] to summarize the scope and powers of the Court under Section 165 of the Evidence Act. It was also held that in appropriate cases, oral examinations can be conducted to prove any fact.
- The bench consisting of Hon’ble Mr. Justice J. R Midha urged that the courts are authorized to pass appropriate directions for the determination of the nature and extent of information/documents necessary and to direct the parties to disclose relevant information to determine their financial capacity/status
CONCLUSION
The Delhi High Court in this case pronounced crucial principles regarding alimony and maintenance. It was ruled in this case that the court must ensure that the filing of affidavits by the parties is not reduced to a mere ritual or formality. In addition, if the party's affidavit is not in the prescribed format or not accompanied by all the relevant documents, the Court can take the affidavit on record and allow the party reasonable time to correct the defect. The bench also pointed out that matrimonial cases require immediate and dire attention. Therefore, the modified directions should be applicable to all matrimonial cases including cases under the Hindu Marriage Act, 1955; Protection of Women from Domestic Violence Act, 2005; Section 125 Cr. P.C; Hindu Adoption and Maintenance Act, 1956; Special Marriage Act, 1954; Indian Divorce Act, 1869; Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956.
