Law Web: Affidavit of Disclosure of Assets and Liabilities

Monday, 4 December 2023

Under which circumstances the court can dispense with requirement of filing of affidavit of disclosure of assets and liabilities in family matter?

72.9. (i) In case the parties belong to the economically weaker Sections ("EWS"), or are living below the poverty line ("BPL"), or are casual labourers, the requirement of filing the affidavit would be dispensed with.

IN THE SUPREME COURT OF INDIA

Criminal Appeal No. 3446 of 2023

Decided On: 06.11.2023

Aditi Vs. Jitesh Sharma

Hon'ble Judges/Coram:

Vikram Nath and Rajesh Bindal, JJ.

Author: Rajesh Bindal, J.

Citation: MANU/SC/1220/2023, 2023/INSC/981.

Read full Judgment here: Click here

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Friday, 1 December 2023

Supreme Court: Procedure to be followed by family court if husband fails to file Affidavit of Disclosure of Assets and Liabilities even after grant of two chances

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, MANU/SCOR/21339/2019 : (2020) 17 SCC 822]. 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;