Landmark Judgment of Delhi high court on divorce and maintenance
Hiding your assets and income from the court during divorce or maintenance proceedings will now be difficult with the Delhi High Court issuing directions that both the husband and the wife have to file detailed affidavits of income, assets and expenditure at the time of filing for divorce or maintenance petitions.
In a 46-page judgment issued last week, Justice J R Midha directed that the detailed affidavit, along with copies of relevant documents, have to be submitted by both parties at the time of divorce proceedings so that maintenance orders can be passed by courts within 60 days of the divorce being initiated on the basis of “true income”.
The court asked Additional Solicitor General Sanjay Jain to take up the issue with the Law Ministry so that relevant legal provisions can be amended to include the mandatory affidavits.
“Maintenance is not merely a legal right, it is part and parcel of basic human rights. For weaker sections, it is a problem in the sense that their very survival rests on the maintenance,” observed the court, adding that “lengthy trial in matrimonial proceedings is uncalled for and contrary to the spirit of the Hindu Marriage Act”.
https://www.lawweb.in/2015/01/landmark-judgment-of-delhi-high-court.html
