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Manoj (Speaker)     10 September 2013

In hma 24 : order 11 rule 14 for production of documents

Could you please share the details of order 11 rule 14 in HMA 24 Application for Production of Documents like Bank Statements, Financial Details , FDR details , Property Details etc.. 

Is it Mandatory to give the details as in this case Husband filed Divorce on Cruelity ground. Wife submitted WS along with Section 24 Maintenance Application.

Now what is the procedure & Mandates for filing the financial documents.

The Jurisdiction is New Delhi.



Learning

 3 Replies

Tajobsindia (Senior Partner )     10 September 2013

1.    If it is case from Delhi then there is no need for such production of documents under CPC The Code now-a-days!.

2.    Jstc Mirdha dozen months back circulated a detailed Affidavit to follow by trial Courts in Delhi where all such asked as in your brief details by way of Affidavit both parties needs to submit and ever since his Circular surfaced all trial Courts in Delhi in maintenance cases are following it.  

3.    I have discussed in details of such Affidavit in past, refer to my such thread post here under Family Law forum and act accordingly.

4.    Ld. Advocate brothers from Delhi know about such Affidavit and are following it be it from which ever spouse side they are seen representing. Hence your advocate must be aware of the Hon’ble D HC Circular, check with him the procedure and format.  

Manoj (Speaker)     10 September 2013

Dear Tajob's

Thanks for your Reply.

Kindly share the link of your thread about same so that i can go through from same.

Also the said detailed Affidavit ruling by Justice Midha has been pronounced in HMA 24 case. And is it necessary for parties or it bounds

the parties to file same detailed affidavit in 125 Maintenance case or in Domestic Voilence Maintenance Case ????

thanks....

Mango (Consultant)     11 September 2013

Yes, both the parties have to file the detailed affidavits as per ruling by Justice J. R. Midha. Just make sure that your wife submits the affidavit (section # 8) along with proof. If you would NOT see any of these documents then you can ask court to order, your wife to submit the same documents. Here are the list of documents - 

 

(i) Relevant documents with respect to income including Salary certificate, Form 16A, Income Tax Returns, certificate from the employer regarding cost to the company, balance sheet, etc.

(ii) Audited accounts, if deponent is running business and otherwise, non-audited accounts i.e. balance sheets, profit and loss account and capital account

(iii) Statement of all bank accounts. (iv) Statement of Demat accounts. 

(v) Passport.

(vi) Credit cards.

(vii) Club membership cards.

(viii) Frequent Flyer cards.

(ix) PAN card.

(x) Applications seeking job, in case of unemployed person.

 

In my case, I had filed all my documents whereas my wife tried to suppress this information. Any false evidence given in the court will be fall under Section # 193, 194 to 196, 199, 200, 205 to 211, 228, 463/ 471, 475 or 476 (7 years of imprisonment max). Make sure you submit the genuine document in both the cases (125 Maintenance Case, HMA #24); both of the copies should match except case number. 

 

Mango



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