JUDGMENT Gurvinder Singh Gill, J. - The petitioner Jaspreet Singh (husband) seeks setting aside of order dated 25.07.2019 (Annexure P-4), passed by Additional Principal Judge, Family Courts, Ludhiana, whereby his application seeking issuance of a direction to respondent(wife) to comply with the order dated 23.10.2018 has been dismissed. 2. The relevant facts may, briefly, be stated chronologically as follows: 20.8.2015 : An application under Section 125 Cr.P.C. was filed by respondent(wife) seeking maintenance from petitioner(husband). 23.10.2018 : During the pendency of the aforesaid application, the petitioner Jaspreet Singh moved an application seeking issuance of a direction to be issued to respondent-wife for admission or denial of certain facts as regards period of her employment since she had taken a different stand in her transfer application, filed in the High Court. The trial Court vide order dated 23.10.2018, issued a direction to respondent wife to clarify the facts pertaining to the period when she had been working and as to when she had left the job and for the said purpose she was directed to appear before the Court and to get her statement recorded to the said effect or to file an affidavit in respect of the same. 25.7.2019 : Since the respondent wife neither filed any affidavit nor furnished the requisite information as regards period of her employment as had been specifically directed vide order dated 23.10.2018, the petitioner moved an application before trial Court seeking issuance of a direction to the respondent either to make a statement in this regard or to furnish an affidavit for compliance of order dated 23.10.2018. However the trial Court, vide impugned order dated 25.07.2019, dismissed the said application. 3. I have heard the learned counsel for the parties and have also perused the impugned order as well as order dated 23.10.2018. The relevant extract from order dated 23/10/2018 wherein certain directions were issued to respondent wife reads as follows: "Consequently, in the interest of justice, for the purpose of proper adjudication of the case, this Court finds it necessary to direct the respondent to clarify the facts pertaining to the same by specifying the dates as to when she was working, when she left the job, her date of filing of transfer application and the present petition.
For the said purpose petitioner is directed to appear before the Court and get her statement recorded to that effect or to file an affidavit in lieu of the same (alternatively). The application is accordingly, disposed of." 4. Since the aforesaid order was not complied with by the respondent wife, the petitioner moved an application before the trial Court seeking issuance of a directions to respondent wife to comply with order dated 23.10.2018. However, the said application was dismissed vide impugned order dated 25.07.2019, the operative portion of which reads as follows: "I have heard learned counsel for both the parties. Witness is present to face cross-examination. Once witness is present and is ready to face crossexamination, she cannot be directed to file fresh affidavit at the instance of the opposite party. The applicant/respondent is directed to put the relevant document for the purpose in the cross-examination of witness for confrontation. The application is accordingly dismissed." 5. Having perused the impugned order dated 25.07.2019, this Court is of the opinion that the trial Court fell in error in dismissing the application inasmuch as the facts do not show that directions issued on 23.10.2018 had been complied with as neither any affidavit had been filed nor any specific statement of the respondent-wife in this regard had been recorded. The fact that the respondent wife was present for the purpose of her cross-examination in respect of her examination-in-chief recorded earlier cannot be said to be compliance of order dated 23.10.2018. The respondent, in order to comply with directions issued on 23.10.2018 was required to state specifically regarding the period of employment. Needless to mention, such statement can be said to be complete only after the opposite side is afforded an opportunity to cross-examine her in respect of such statement. 6. Consequently, the view taken by the trial Court that presence of respondent-wife for her cross-examination, without having recorded her specific statement as regards period of her employment as had been mandated in order dated 23.10.2018, would be sufficient compliance of direction dated 23.10.2018 cannot be upheld.
6. Consequently, the view taken by the trial Court that presence of respondent-wife for her cross-examination, without having recorded her specific statement as regards period of her employment as had been mandated in order dated 23.10.2018, would be sufficient compliance of direction dated 23.10.2018 cannot be upheld. The impugned order dated 25.7.2019(Annexure P-4), is, thus, set aside and respondent wife is directed to comply with order dated 23.10.2018 either by way of furnishing an affidavit as regards the material facts in respect of period of her employment or to get her statement recorded specifically in this regard with liberty to the petitioner to cross-examine the respondent in respect of her such deposition. In case the respondent does not comply with order dated 23.10.2018 within one month from today or within such period as may be specified by trial Court, it shall be open to the trial Court to draw adverse inference against the respondent-wife in respect of the period of employment. 7. Before parting with this judgement, this Court, based on the factual position in the present case and having come across numerous other identical matters while handling cases pertaining to "Crime against Women", would observe that invariably there is colossal delay in disposal of cases pertaining to maintenance. In the present case itself the application under Section 125 Cr PC has been pending since the year 2015 i.e. since last more than four years. Although, in the present case, it may be the wife herself who can be said to have contributed to the delay in disposal of the petition, but in a large number of cases it is noticed delays occur on account of the fact that the hapless wife is left fending for herself collecting documents and evidence as regards financial status of her husband so as to seek appropriate maintenance. 8. The maintenance is certainly not to be awarded as a punitive measure but is to serve social cause to prevent the wife from being forced into vagrancy. Whenever the Courts are faced with the task of assessing the quantum of maintenance to be awarded to the wife, the income and resources of her husband are required to be assessed in order to reach at a just figure regarding compensation.
Whenever the Courts are faced with the task of assessing the quantum of maintenance to be awarded to the wife, the income and resources of her husband are required to be assessed in order to reach at a just figure regarding compensation. While determining the quantum of maintenance, the Court has to be aware not just about the income of the parties but also as regards the social status enjoyed by them. At times it becomes a difficult task to assess the income in view of the fact that in many cases the spouse may not be working on salaried job or may be selfemployed or working in an unorganised sector or running his own business and wherein it is generally noticed that there is a tendency to conceal the correct income so as to avoid paying income tax. In such a scenario, the Court can make an attempt by resorting to some kind of guesswork based on the comforts and luxuries enjoyed by the husband which could include information of the following nature: (i) the number and kind of vehicles being used by the husband, whether self-owned or by family or company; (ii) the kind of phones being maintained by him; (iii) the credit cards/debit cards and their statements; (iv) details of foreign visits or holiday excursions within India; (v) kind of electrical/electronic gadgetary being used in the household; (vi) details of EMIs/ loan instalments being paid; (viii) details of investments. 9. However, since it is the husband who would be having domain over the documents which could furnish information on aforesaid aspects, the wife is left virtually helpless, being bereft of requisite information required for assessing maintenance. More often than not, even in cases where the husband happens to be employed in government service and who cannot possibly conceal his income, the wife is constrained to seek information as regards salary by way of filing application under RTI regarding his salary. In some cases, the wife would be constrained to approach the revenue authorities seeking information regarding the land held by the husband or approach authorities concerned to get his income tax returns, which for a hapless wife is a herculean task, particularly if there is none else in her family to pursue her case.
In some cases, the wife would be constrained to approach the revenue authorities seeking information regarding the land held by the husband or approach authorities concerned to get his income tax returns, which for a hapless wife is a herculean task, particularly if there is none else in her family to pursue her case. Such exercise leads not only in delays in disposal of application for maintenance but at times justice cannot be dispensed for want of proper information. Repeated adjournments by the Courts to enable the parties to adduce evidence would tax the system unnecessarily which is already fighting backlogs. 10. Although, exclusive Family Courts have been established specifically for such purpose which would be handling cases under section 125 Cr PC and also applications moved under Section 24 of Hindu Marriage Act during the pendency of matrimonial litigation amongst the parties but the Courts at times seem to be over obsessed with the broad principle that it is the petitioner/plaintiff who has to stand on his own legs and to establish his case. There certainly can be no dispute as regards the said proposition of law. There are certainly such issues which the petitioner/party would himself/herself be required to establish - say a case where the relationship itself is disputed or where the assertion that the spouse is living in adultery is to be established. Such facts essentially have to be proved by the party asserting the existence of such facts. However, the facts which a party cannot possibly dispute - say a case where the husband is working in some government office or even in some private establishment where he is getting a fixed salary and is also assessed to income tax or is having rental income in respect of which he is paying income tax or where he is owner of a certain property in his own name, should be disclosed by such party itself rather than the opposite party being forced to collect evidence in respect of the same from various offices i.e. from the employer, from revenue authorities, from bank, from municipal committee etc. 11. Forcing a party to collect information in aforesaid manner results in delays which is against the spirit of the legislation in question. The legislators, realising the urgency in such matters have provided for a timeframe of 60 days during which such applications are supposed to be disposed off.
11. Forcing a party to collect information in aforesaid manner results in delays which is against the spirit of the legislation in question. The legislators, realising the urgency in such matters have provided for a timeframe of 60 days during which such applications are supposed to be disposed off. The relevant provisions of various Acts are reproduced below: Section 125 of Criminal Procedure Code. 125. Order for maintenance of wives, children and parents. - (1) If any person having sufficient means neglects or refuses to maintain - (a) his wife, unable to maintain herself, or (b) x x x (c) x x x (d) x x x Provided that x x x Provided further that . . x x x Provided also that an application for the monthly allowance for the interim maintenance and expenses of proceeding under the second proviso shall, as far as possible, be disposed of within sixty days from the date of the service of notice of the application to such person. ( emphasis supplied ) Section 24 of Hindu Marriage Act : 24. Maintenance pendente lite and expenses of proceedings .Where in any proceeding under this Act it appears to the Court that either the wife or the husband, as the case may be, has no independent income sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband, order the respondent to pay to the petitioner the expenses of the proceeding, and monthly during the proceeding such sum as, having regard to the petitioners own income and the income of the respondent, it may seem to the Court to be reasonable: [Provided that the application for the payment of the expenses of the proceeding and such monthly sum during the proceeding, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the wife or the husband, as the case may be.] ( emphasis supplied ) Section 12 of Protection of Women from Domestic Violence Act, 2005 12. Application to Magistrate . (1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that . . .
Application to Magistrate . (1) An aggrieved person or a Protection Officer or any other person on behalf of the aggrieved person may present an application to the Magistrate seeking one or more reliefs under this Act: Provided that . . . (2) x x x (3) x x x (4) The Magistrate shall fix the first date of hearing, which shall not ordinarily be beyond three days from the date of receipt of the application by the Court. (5) The Magistrate shall endeavour to dispose of every application made under sub-section (1) within a period of sixty days from the date of its first hearing. ( emphasis supplied ) 12. In tune with the aforesaid provisions prescribing for time-bound disposal of such matters, special provisions have also been incorporated in Family Courts Act, 1984, providing for admission of relevant evidence, which read as follows: Section 10 of Family Courts Act 1984 : 10. Procedure generally . (1) x x x (2) x x x (3) Nothing in sub-section (1) or sub-section (2) shall prevent a Family Court from laying down its own procedure with a view to arrive at a settlement in respect of the subject-matter of the suit or proceedings or at the truth of the facts alleged by the one party and denied by the other. (emphasis supplied) Section 14 of Family Courts Act 1984 : 14. Application of Indian Evidence Act, 1872 . A Family Court may receive as evidence any report, statement, documents, information or matter that may, in its opinion, assist it to deal effectually with a dispute, whether or not the same would be otherwise relevant or admissible under the Indian Evidence Act, 1872 (1 of 1872). (emphasis supplied) 13. Even as per Section 28(2) of Protection of Women from Domestic Violence Act, 2005, liberty has been granted to trial Court to devise its own procedure for expeditious disposal of applications filed under section 12 of the Act. Section 28 reads as follows: 28. Procedure . (1) Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
Section 28 reads as follows: 28. Procedure . (1) Save as otherwise provided in this Act, all proceedings under sections 12, 18, 19, 20, 21, 22 and 23 and offences under section 31 shall be governed by the provisions of the Code of Criminal Procedure, 1973 (2 of 1974). (2) Nothing in sub-section (1) shall prevent the Court from laying down its own procedure for disposal of an application under section 12 or under sub-section (2) of section 23. (emphasis supplied ) 14. A perusal of aforesaid provisions in the Acts dealing with matrimonial litigation makes it evident that not only the mandate of legislation is expeditious disposal of matrimonial litigation particularly applications seeking maintenance but certain provisions especially for Family Courts have been made as regards procedure and admissibility of evidence to facilitate speedy disposal of applications for grant of maintenance. 15. Faced with an identical problem of delays, Delhi High Court has issued certain directions to the trial Court handling such kind of cases so as to insist upon the parties to furnish the requisite information in the nature of affidavits in prescribed format. The first judgement in this regard was rendered in Puneet Kaur versus Inderjit Singh Sahney, (2011) 30 RCR(Civil) 271 , wherein the parties were directed to furnish affidavits as a regards their assets, income and expenditure. 16. The directions as issued an aforesaid judgement were reiterated by Delhi High Court in another judgement and were modified from time to time in case titled Kusum Sharma versus Narinder Kumar Sharma which were examined by Delhi High Court on 3 different occasions. The said judgements are listed below chronologically: Sr No Title of Case Date of Judgment Citation Gist of relevant directions issued in the judgment 1 Puneet Kaur Versus Inderjit Singh Sawhney 12.9.2011 2011(30) RCR(Civil) page 271 Both the parties were directed to furnish affidavits as a regards their assets, income and expenditure including details of salary, rental income, income from other resources, bank deposits, investments, properties held or sold, jewellery, household gadgets, credit cards, club membership etc. accompanied by supporting documents detailed therein.
accompanied by supporting documents detailed therein. 2 Kusum Sharma Versus Mahinder Kumar Sharma 18.9.2014 2015(5) RCR(Civil) page 75 Directions were issued that henceforth all petitions including petitions under Sections 9 to 13 of the Hindu Marriage Act shall be accompanied by an affidavit of assets, income and expenditure of the petitioner in terms of the directions issued in Puneet Kaur's case(supra). The response to the such affidavit of assets, income and expenditure was be filed within two weeks thereafter and the case to be listed for disposal of the application under Section 24 of the Hindu Marriage Act. It was further directed that the aforesaid procedure shall be followed in all cases relating to maintenance under Hindu Marriage Act, Protection of Women from Domestic Violence Act, Hindu Adoption and Maintenance Act as well as Section 125 Cr.P.C. 3 Kusum Sharma Versus Mahinder Kumar Sharma 14.1.2015 2015(5) RCR(Civil) page 467 The directions issued earlier in judgment dated 18.9.2014 were slightly modified. A format of ?Affidavit of assets, income and Expenditure? was formulated, forming part of the judgement as Annexure 'A'. The documents required to be annexed with affidavit were also detailed therein. It was, thus, directed that the affidavit should be filed in prescribed format only. 4 Kusum Sharma Versus Mahinder Kumar Sharma 29.5.2017 2017(241) DLT 252 The format of the Affidavits required to be filed by the parties as prescribed in Annexure 'A' in accordance with earlier directions issued on 14.1.2015 was modified and fresh format of affidavits was circulated as Annexure 'A-1'. 5 Kusum Sharma Versus Mahinder Kumar Sharma 6.12.2017 2018(246) DLT 1 The directions issued earlier were slightly modified and it was clarified that it shall not be mandatory to file the requisite affidavits along with the petition and written statement, but the same are required to be filed simultaneously by the parties immediately after the completion of the pleadings. It was further clarified that the Courts would be at liberty to determine the nature and extent of information/documents necessary and shall direct the parties to disclose such relevant information and documents to determine their true income.
It was further clarified that the Courts would be at liberty to determine the nature and extent of information/documents necessary and shall direct the parties to disclose such relevant information and documents to determine their true income. It was further clarified that in appropriate cases, such as the cases belonging to the lowest strata of the society or case of a litigant who is a permanently disabled/ paralytic, the Court may, for reasons to be recorded, dispense with the requirement of the filing of the affidavit or modify the information required. 17. The modified format of "Affidavit of assets, income and expenditure", as incorporated in judgment dated 6.12.2017 in case titled Kusum Sharma Versus Mahinder Kumar Sharma, (2018) 246 DLT 1 , is reproduced below: 18. The directions issued by Delhi High Court in respect of filing of "Affidavits of assets, income and expenditure", initially on 18.09.2014 in Kusum Sharma's case(supra) were modified from time to time pursuant to responses and suggestions received from various quarters including the trial Courts handling matrimonial matters. The directions, as modified in judgment dated 6.12.2017 reported as Kusum Sharma vs. Mahinder Kumar Sharma, (2018) 246 DLT 1 read as follows: " Modified Directions Dated 6th December, 2017 1. The affidavit of assets, income and expenditure of both the parties is useful to determine the income of the parties in all matrimonial cases. Applying the principles laid down in section 10(3) of the Family Courts Act, 1984 read with section 165 of the Indian Evidence Act, relating to the duty of the Court to ascertain the truth and section 106 of the Indian Evidence Act relating to the duty of the parties to disclose their income, this Court has formulated the format of the affidavit of assets, income and expenditure attached hereto as 'Annexure A1'. The documents required to be filed along with the affidavit are prescribed in the format of the affidavit. 2. The affidavit of assets, income and expenditure is to be treated as guidelines to determine the true income of the parties. The Courts is at liberty to determine the nature and extent of information/documents necessary and shall direct the parties to disclose such relevant information and documents to determine their true income.
2. The affidavit of assets, income and expenditure is to be treated as guidelines to determine the true income of the parties. The Courts is at liberty to determine the nature and extent of information/documents necessary and shall direct the parties to disclose such relevant information and documents to determine their true income. The Courts are at liberty to pass appropriate directions as may be considered necessary to do complete justice between the parties and in appropriate cases, such as the cases belonging to the lowest strata of the society or case of a litigant who is a permanently disabled/paralytic, the Court may, for reasons to be recorded, dispense with the requirement of the filing of the affidavit or modify the information required. 3. While formulating the affidavit - Annexure A1, this Court considered Best International Practises mentioned in para 18 of the judgement dated 14th January, 2015. However, this Court has only incorporated important questions and documents though many more questions and documents were considered, which would have complicated the affidavit and caused inconvenience to the litigants. The Courts are at Modified Directions dated 6th December, 2017 liberty to consider Best International Practises mentioned in para 18 of the judgement dated 14th January, 2015 as the guidelines for seeking relevant information and documents. 4. Upon completion of the pleadings in the maintenance application, the Court shall fix the date for reconciliation and direct the parties to file their affidavits of their assets, income and expenditure simultaneously at the commencement of the reconciliation. It is clarified that the filing of the affidavit of assets, income and expenditure is no more mandatory to be filed along with the petition and the written statement, as directed earlier. The Court shall also direct the party seeking maintenance to produce the passbook of his/her savings bank account in which maintenance can be deposited/transferred. 5. The Court shall simultaneously take on record the affidavit of assets, income and expenditure of both the parties. If the affidavit of a party is not accompanied with all the relevant documents, the Court may take the affidavit on record and grant reasonable time to file the relevant documents. 6. In the event of the failure of the reconciliation efforts, the Court shall grant time to the parties to respond to the affidavit of the opposite party and list the case for hearing on the maintenance application. 7.
6. In the event of the failure of the reconciliation efforts, the Court shall grant time to the parties to respond to the affidavit of the opposite party and list the case for hearing on the maintenance application. 7. In pending cases of maintenance, the Court may direct the parties to file the affidavit of their assets, income and expenditure, if the parties have not already disclosed their true income. 8. If a party makes concealment or false statement in his/her affidavit, the opposite party shall disclose the particulars of the same in his/her response to the affidavit along with the material to show concealment or false statement. The aggrieved party may seek permission of the Court to serve interrogatories and seek production of relevant documents from the opposite party under Order 11 of the Code of Civil Procedure. Modified Directions dated 6th December, 2017. 9. The Court shall ensure that the filing of the affidavits by the parties is not reduced to a mere ritual or a formality. Whenever the opposite party discloses sufficient material to show concealment or false statement in the affidavit, the Court may consider examining the deponent of the affidavit under section 165 of the Evidence Act to elicit the truth. The principles relating to the scope and powers of the Court under section 165 of the Evidence Act have been summarized in Ved Prakash Kharbanda v. Vimal Bindal, (2013) 198 DLT 555 which may be referred to. In appropriate cases, the Court may direct a party to file an additional affidavit relating to his assets, income and expenditure at the time of marriage and/or one year before separation and/or at the time of separation. 10. If the statements made in affidavit of assets, income and expenditure are found to be incorrect, the Court shall consider its effect while fixing the maintenance. However, an action under Section 340 Cr.P.C., 1973 is ordinarily not warranted in matrimonial litigation till the decision of the main petition. 11. At the time of issuing notice the maintenance application, the Court shall consider directing the petitioner to deposit such sum, as the Court may consider appropriate for payment to the respondent towards interim litigation/part litigation expenses.
However, an action under Section 340 Cr.P.C., 1973 is ordinarily not warranted in matrimonial litigation till the decision of the main petition. 11. At the time of issuing notice the maintenance application, the Court shall consider directing the petitioner to deposit such sum, as the Court may consider appropriate for payment to the respondent towards interim litigation/part litigation expenses. However, in cases such as divorce petition by the wife who unable to support herself and is claiming maintenance from the respondent husband, it may not be appropriate to direct the petitioner-wife to pay the litigation expenses to the respondenthusband. 12. The interim litigation expenses directed by the Court at the stage of issuing notice, does not preclude the respondent from seeking further litigation expenses incurred by the respondent at a later stage. The Court shall consider the respondent's claim for litigation expenses and pass an appropriate order on the merits of each case. Modified Directions dated 6th December, 2017. 13. If the disposal of maintenance application is taking time and the delay is causing hardship, ad-interim maintenance be granted to the claimant spouse on the basis of admitted income of the respondent. 14. In respect of the claims of permanent alimony under section 25 of the Hindu Marriage Act, the Court may direct the parties to file affidavits of their assets, income and expenditure, if the same has not already been filed by the parties. 15. The aforesaid directions/guidelines be followed in all matrimonial cases including cases under Hindu Marriage Act, 1955, Protection of Women From Domestic Violence Act, 2005 Section 125 Cr.P.C, Hindu Adoption and Maintenance Act, 1956, Special Marriage Act, 1954, Indian Divorce Act, 1869, Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956." 19. A perusal of the above reproduced format of "Affidavit of assets, income and expenditure" would show that a very detailed and comprehensive format has been prepared which virtually takes into account almost all the possible sources of income. Apart from sources of income, the financial status of a party can well be gauged from the expenditure incurred by such party. The chances of reaching at a more accurate assessment regarding the financial status are increased in case the proper information regarding expenditure is there which could take care of a situation where specific sources of income are not forthcoming.
The chances of reaching at a more accurate assessment regarding the financial status are increased in case the proper information regarding expenditure is there which could take care of a situation where specific sources of income are not forthcoming. The format 'Annexure A-1', reproduced above also defines the details of expenditure which would normally be incurred by the parties. 20. Although in the first blush the aforesaid format may appear to be a bit too comprehensive and detailed but it would certainly serve the purpose effectively for which it has been prescribed. The learned counsel have informed that pursuant to the directions issued by Delhi High Court Kusum Sharma's case in the year 2014, the Family Courts in Delhi are adhering to the practice of insisting upon the parties to furnish "Affidavits of assets income and expenditure" and the said practice has yielded the desired results. 21. The best practices should always be followed particularly if the same are for furtherance of efficient and effective justice dispensation. Furnishing of such affidavits would check the practice of playing "hide and seek" game in such cases where an attempt is made by a party to conceal the income and not come out with resources forcing the other party to make tiring efforts to collect information which would otherwise be readily available with such party. Sometimes the information is such the existence of which, a party can not even deny. As discussed above, the Courts handling such matters, particularly Family Courts, are competent to devise their own procedure for eliciting requisite information, though of course within the broad framework of law. 22.
Sometimes the information is such the existence of which, a party can not even deny. As discussed above, the Courts handling such matters, particularly Family Courts, are competent to devise their own procedure for eliciting requisite information, though of course within the broad framework of law. 22. Consequently, the following directions are issued to Family Courts in the States of Punjab, Haryana and Union Territory of Chandigarh and also to all Courts handling matrimonial litigation in the said states: (i) the Courts shall insist upon the parties to furnish "Affidavit of assets, income and expenditure" in the format reproduced above; (ii) the Courts shall generally follow the directions issued in Kusum Sharma's case, as have been reproduced above; (iii) the Courts would be at liberty to modify the format and the directions as may be deemed necessary in the facts and circumstances of the case; (iv) in exceptional cases, the Court may also dispense with the aforesaid requirement of furnishing affidavits especially in cases where the parties belong to the lowest strata of society and are absolutely not likely to be possessed of the sources detailed in the format or where the Court is of the opinion that directing the party to furnish such affidavit would cause unnecessary inconvenience to the party and is not likely to render any fruitful purpose; (v) in case it is found that any of the party is making a deliberate attempt to conceal vital information or is trying to mislead the Court, then apart from the penal action which may be warranted on account of such concealment/false statement, it shall be open to the Court to consider drawing an adverse inference against such party if the conduct of such party so warrants; (vi) these guidelines be followed in all matrimonial cases including cases under Hindu Marriage Act, 1955, Protection of Women From Domestic Violence Act, 2005, Section 125 Cr.P.C, Hindu Adoption and Maintenance Act, 1956, Special Marriage Act, 1954, Indian Divorce Act, 1869, Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956.
(vii) the Courts concerned may also issue directions to the parties with regard to filing of requisite affidavits even in pending cases in case it is felt that the parties are not forthcoming with the requisite information with regard to their sources of income; (viii) the Courts would be competent to issue any direction at any stage of the proceedings to any of the parties to elicit such information as may be required to reach at a just decision in the matter pertaining to award of maintenance; (ix) in case it is found that requisite information as regards resources of any of the parties is not forthcoming, the Courts could even consider appointment of a local commissioner to visit the place of abode or business of any of the parties so as to get an idea about the standard of living and social status of the parties. 23. As already indicated above, the trial Courts concerned would be at liberty to suitably modify any of the aforesaid directions for reaching at a just decision and to achieve the underlying purpose of the beneficial provisions of social legislation. The Registrar General of this Court shall ensure that a copy of this judgement is conveyed to all the District and Sessions Judges in States of Punjab and Haryana and also Union Territory of Chandigarh who shall further circulate the same to all Judicial Officers working in their respective Sessions Divisions. A copy of this judgement be also sent to the Director, Chandigarh Judicial Academy so as to apprise the newly recruited Judicial Officers undergoing training, about the aforesaid guidelines. 24. This Court appreciates the valuable assistance rendered in the matter by both the learned counsel.