Detailed affidavit for seeking maintenance order
Guest
(Querist) 16 January 2016
This query is : Resolved
In Kusum lata case judgement delivered in 2015 by Js Honble J R Midha Delhi High court ordered a detailed afidavit by both parties regarding their financial assets, income and expenditures so as to arrive fast at requirement of maintenance and amount. This format is being blindly used by courts and lawyers for each and every case filed.
Is this detailed affidavit relevant and required in case of seeking protection order and residence order in house owned by husband?
Though Domestic violence act clearly lays down resquiremtns of filign a simple Form II given in rules istefl for moving the court and seek variuous reliefs, courts insist on traditional petitions like in criminal or civil cases thus making it a tedious and long drawn case whereas domestic violence act lays down that a complainant or even a third party or police can prepare a DIR and file Form 2 and statement of victim may be recorded by magistrate and relief awarded.
But so many papers are insisted by courts making it difficult for a ordinary woman to seek justice which is directed to be given in 60 days
I request senior experts to kindly clarify on 2 points raised above
i.e if maintenance is not sought is detailed affidavit required to be filed?
Is not form 2 and form 1 sufficient to start case by magistrate and record comedienne of victim and give relief? like for residence order /protection order
ROHIT SHARMA
(Expert) 17 January 2016
1. Yes, Form I and II are enough for the magistrate to proceed to provide ends of justice.
2. Yes, such form format should be made out titled as an Affidavit which then it self will be treated as a complaint plaint.
3. there is no specific requirement to follow the course as that which you mentioned as being the order of the Delhi H.C. The merits in that case would be different and hence may not be applicable in your instance.
Dr J C Vashista
(Expert) 19 January 2016
Dr. Gupta,
1. The order passed by higher court is binding on lower (espeially subordinate)court, you will agree. However, after doing research work, you may file a PIL to waive/amend/modify filing of such a detailed affidavit.
2. You will find present format is improvised version of earlier format as per Puneet Kaur judgment.
3. Further, you will find the litigants are still filing false affidavits, not coming out with factual details, which has been observed, pointed out and condemned by the Apex Court.
Regards
Guest
(Querist) 19 January 2016
Thanks sir Dr Vashista, My question is specifically , if maintenance is not sought and only residence order is sought is this detailed affidavit required to be filed
In DV act book itself procedure is given.PO to fill out Form I related to DIR and then apply with it in Form II which is application under section 12 of DV Act seeking various reliefs sought.
The facts of case are submitted in form of affidavit of complainant.
So do we need to file detailed affidavit when maintenance not sought and do we have to prepare a traditional petition for relief under DV Act?
Dr J C Vashista
(Expert) 20 January 2016
Dear Dr. Gupta,
Any direction passed by High Court is to be implimented in letter and spirit by the district/lower Court, without questioning its validity/requirement.
Even if you have not sought monetary relief, detailed affidavit (Kusum Lata Sharma's performa) has to be filed before concerned court of MM. DIR of PO is inadequate.
Drafting/Preparation of complaint u/s 12 PWFDV Act, 2005 shall contain all information/relief(s) at the initial stage which may not be required to amend at a later date, better seek all the relief(s) u/s 18, 19, 20, 21 & 23 (interim)of the said Act, whether you want or not. However, the circumstances of each case differ and you are the best judge to take action accordingly.
Regards
Guest
(Querist) 20 January 2016
DR J C vashista I very much appreciate your patience and professional and clinical approach in satisfying the query in length.regards
Ms.Usha Kapoor
(Expert) 19 June 2018
I agree with experts particularly Mr.Vashista's.
