PIL in Bombay HC calls for affidavits of financials to be filed in matrimonial disputes

A Public Interest Litigation has been filed at the Bombay High Court, seeking that guidelines issued by the Delhi High Court directing that both parties in matrimonial disputes file affidavits detailing their financial status, be made applicable to Maharashtra..The Delhi High Court had, in Kusum Sharma v. Mahinder Kumar Sharma, decided that all pleadings including written statements in all matrimonial cases should be accompanied by an affidavit of assets, income, and expenditure in a stipulated format..The reasoning was that in maintenance cases, respondents rarely disclose their true financial status and that the applicant was usually not in possession of any documentary proof, from which this could be ascertained..The Bench in that case also relied on Section 106 of The Indian Evidence Act, which states that if a person has exclusive knowledge of a fact, the burden of proving it falls upon him or her..Amicus Curiae Sunil Mittal had also submitted in that case that filing an affidavit along with the petition gave the respondents an undue advantage, and recommended that the family court be granted discretion to waive the need to file such an affidavit or modify the information required to be provided..The Delhi High Court eventually modified its order and said that subordinate courts could, for reasons to be recorded, dispense with the requirement of filing an affidavit or modify the information required to be filed..Filed by advocate Kirti Ahuja, the present PIL in the Bombay High Court states that it is a common practice in matrimonial disputes that both parties hide their social and financial status in order to hold inordinate leverage against each other. This leads to serious delay and postponement in the hearing and disposal of matrimonial cases..Moreover, it is contended that husbands, in order to avoid paying the maintenance allowance to their wives, provide false information of their earnings and assets. On the other hand, some women, despite being able to maintain themselves, portray themselves otherwise in order to be eligible for maintenance..Therefore, it is the opinion of the petitioner that,.“Such format of affidavit to be mandatorily filed by both the parties in matrimonial proceedings is very effective for the betterment of our judicial system and relief to the parties concerned as such filing of affidavit help in ascertaining the actual financial position of both the parties in a matrimonial case and thus aiding the courts in giving correct orders and in delivering speedy and full justice to the concerned parties regarding maintenance and alimony.”.Read the petition