In a judgment that will change the way a wife is compelled to gather information about her estranged husband’s assets and income before seeking maintenance, the Punjab and Haryana High Court today directed Family Courts across Punjab, Haryana and Chandigarh to insist on affidavit of assets, income and expenditure.
False information to invite penal action
- The HC made it clear that a deliberate attempt by a party to conceal vital information or mislead the court will not only invite penal action, but also leave it open to the court to consider drawing an “adverse inference” against the party.
In all, the High Court issued nine commandments to be followed in all matrimonial cases, including the ones under the Hindu Marriage Act, Protection of Women from Domestic Violence Act, Criminal Procedure Code, Hindu Adoption and Maintenance Act, Special Marriage Act, Indian Divorce Act, Guardian and Wards Act, and Hindu Minority and Guardianship Act.
Justice Gurvinder Singh Gill made it clear that a deliberate attempt by a party to conceal vital information or mislead the court would not only invite penal action, but also leave it open to the court to consider drawing an “adverse inference” against the party.
Justice Gill also made it clear that the direction for filing an affidavit could be issued even in pending cases if parties were not forthcoming about the information.
The courts could even consider appointment of a local commissioner for visiting the place of residence or business of a party to assess the standard of living and social status. The requirement could be dispensed with in case the parties belonged to the “lowest strata of society”, its furnishing could cause unnecessary inconvenience or not serve any fruitful purpose.
The directions came after Justice Gill observed that helpless wives were left collecting documents and evidence on spouse’s financial status for seeking appropriate maintenance. The “modified format of the affidavit was incorporated in judgment dated December 6, 2017, in the case of “Kusam Sharma versus Mahinder Kumar Sharma”.
A wife alienated from her husband can seek maintenance under Section 125 of the CrPC. “Invariably, there is colossal delay in disposal of cases pertaining to maintenance… In a large number of cases, it is noticed that the delay occurs as the hapless wife is left fending for herself, collecting documents and evidence as regards the financial status of her husband so as to seek appropriate maintenance,” Justice Gill asserted.
In his detailed order, Justice Gill added that the spouse might not be working on a salaried job, could be self-employed, working in an unorganised sector or running own business, wherein the tendency to conceal correct information to avoid income tax was generally noticed. The wife was also constrained to approach revenue authorities for information on land held by husband, or seek information under the RTI.
Justice Gill further added approaching authorities to procure income tax returns was a “Herculean task”. Forcing a party to collect information in such manner resulted in delays against the spirit of legislation, which provided for 60-day timeframe for disposing of the pleas.
