Men Rights India

  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts
You are here: Home » Maintenance HMA 24 Judgments » Delhi HC directs women to file affidavit of income, expenditure, assets, liabilities at time of filing divorce petition and HMA 24

Delhi HC directs women to file affidavit of income, expenditure, assets, liabilities at time of filing divorce petition and HMA 24

26 Jan 2015 By videv 2 Comments

According to this Oct 2014 judgment of Delhi HC, it is mandatory now in Delhi for anyone filing divorce petition and claiming interim maintenance under Section 24 of Hindu Marriage Act (HMA), to submit affidavit disclosing income, expenditure, assets, liabilities.  Justice J R Midha who issued this judgment was also behind the 2011 judgment which gives format of affidavit of income, assets etc. in another HMA 24 case.

👉(Read Online eBook): How to Fight and Reduce Maintenance under CrPC 125 and DV Act 👈

👉(Read Online eBook): Alimony and Maintenance under Hindu Law👈

http://indianexpress.com/article/cities/delhi/high-court-wants-divorce-cases-disposed-of-in-6-months/

Taking note of the undue delay in granting maintenance and alimony in divorce cases under the Hindu Marriage Act, the Delhi High Court has directed the lower courts to ensure that the trial in the matrimonial dispute cases be completed within six months as prescribed by the Act.

The headline as usual is misleading.  Delhi HC merely wants interim maintenance under HMA 24 to be disposed within 6 months, the cases will take as long as our adjournment-happy family courts want them to take.  Usually only after 5 years have passed in a case, the family courts take up those with a bit more priority due to high court’s pressure.  But before 5 years are over, tareekh pe tareekh (adjournment after adjournment) is the standard operating procedure.

Observing that most people resorted to “parallel proceedings” under the better known maintenance provisions under Section 125 of the Criminal Procedure code, the court noted that parallel proceedings took more time and deprived the weaker spouse of maintenance.

So called weaker spouse (read women) resort to parallel proceedings to keep husbands busy in the courts, so that they become frustrated of running around in courts and agree to ‘mutual’ consent divorce and lumpsum payment to wives.  This seemingly simple strategy is encouraged by advocates and the judges who keep the cases pending for many years and take sometimes 2 years to give an interim order.  Tire them out is the mantra.  Since it is women who file parallel proceedings by choice, it’s part of their strategy to frustrate husbands and also try to collect double maintenance.  If the courts don’t discourage this practice, then they should at least not do commentary about it!

The court in its order has now directed that the spouse who files for divorce is required to file his or her affidavits with details of income, assets and expenditure, as required by Section 24 of the Hindu Marriage Act, at the same time as the divorce plea, if they want to claim maintenance.

So this means that women who file for divorce will also have to give their affidavits of income, expenditure , assets, liabilities at time of filing divorce petition itself.  They can be liable to perjury proceedings under CrPC 340 if husbands spend time on collecting evidence and discovering the lies told in their affidavit, rather than collecting citations of no maintenance to qualified wife judgments.

Further, in order to protect the spouse who is the respondent in divorce proceedings, and is usually the party which claims maintenance, the court has said lower courts could consider directing the petitioner to deposit money to be paid to the respondent as litigation expenses.

Court is wrong here.  Usually whether a divorce if filed by man or woman, it’s the woman who claims interim maintenance and legal expenses.  But the intention is clear here, that if a man files for divorce, then be ready to file affidavit of income/assets and also be ready to pay deposit money in court.  When the woman files for divorce, she will have to file income/assets affidavit but may not need to deposit any money because husbands anyway don’t ask for interim maintenance or legal costs.

READ:  Mumbai HC: Man may have to pay for wife's education based on assurance!

Links to Free eBooks

1. Download my free PDF eBook Surviving the Legal Jungle

2. Read this FREE eBook written by fathers involved in child custody issues (Read Online) (PDF book)

3. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Read Online)

Links to Paid eBooks/Books


1. How to Fight and Reduce Maintenance under CrPC 125 and DV Act (Digital eBook) (Print Paperback)

2. Self-study Book on Divorce for Men (Digital eBook Only)

3. Alimony and Maintenance under Hindu Law (Digital eBook) (Print Paperback)

Related Posts

  1. Delhi HC judgment uses one-third of income as criterion to decide on maintenance in HMA 24

Filed Under: Maintenance HMA 24 Judgments Tagged With: HC Judgment

Comments

  1. chandan singh says

    October 5, 2016 at 1:39 pm

    Sir, my wife is lawyer and practice in same court where my case are running under section 125 and section 13.
    she is well qualified. recently court pass an order for maintenance 3000 rs per month in sec 125 but she is getting already 2000 in dv act.
    what should i do….please help me out sir with your valuable suggestions

    Reply
    • videv says

      October 5, 2016 at 8:54 pm

      General suggestions are given on this site already: collect evidence, show it to court, argue forcefully… if you didn’t do those properly or at right time then orders may not go in your favour. For any questions with specific case details, you have to join our Facebook group and ask there.

      Reply

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Call Men Rights India numbers For 498A/406/Dowry Case/DV/Maintenance/child custody-visitation/abusive-wife/false cases, CALL volunteers' phone lines (for quick guidance only):
(Be respectful to volunteers, & we don't advise on divorce)

1. Kannada/Hindi/English: +919738010456
2. Tamil/English: +919962514226

Join our WhatsApp/Facebook groups for FREE guidance/discussion

Join Our Telegram Channel for FREE updates

Social

Facebook
Twitter
YouTube
Instagram

Search this website

Important/Must Read/Permanent Posts

  • How to assess your false case and marriage breakup probability
  • How to take action against police or magistrate for 498A arrest without following CrPC 41 41A?
  • Why Indian men should be very careful in filing divorce
  • What to do if CAW cell/police/advocate is putting pressure to compromise
  • Innocent until proven guilty is the law, use it!
  • Advice to men on 498a, maintenance, DV, divorce, child custody, what else
  • How to find and manage your lawyer in 498a, DV, CrPC 125, divorce, RCR cases
  • How to fight false cases of DV, Maintenance, CrPC 125, 498a etc
  • How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Notes and questions on court procedures
  • What should be my stand in court?
  • Understanding the divorce industry in India

Book: How to Fight and Reduce Maintenance under CrPC 125 and DV Act


👉(Read Online eBook)👈
(Buy Print book)
(Buy Digital eBook)
(Information about the Book)

Today’s Popular Posts

  • How to file objections/written statement to…
  • How an NRI man fought false 498a, 406 cases within 6 months
  • Divorce made easier, or rather possible – but watch out!
  • How to handle allegation of impotence by wife
  • Mumbai HC waives 6 month waiting period in mutual divorce
  • No provision to return marriage expenses to bride
  • 25% (or 50%) of husband’s salary is…
  • Procedure of CAW (Crime against women) cell
  • Strategy for Child Custody for Men
  • Right of daughter-in-law in in-laws’ property…

Tags

498A Activism Arrest Child Support Child_Custody_Visitation Commando Gyan Commando Strategy Commando Techniques CrPC CrPC 125 Cruelty Divorce Domestic Violence Industry Dowry DV Act Judgments Evidence False Case False Rape Family Law Feminazis Feminist Figures Feminist Propaganda Fight Back HC Judgment Hindu Marriage Act HMA 24 Law Making Law Misuse Laws Legal Info live-in Maintenance Marriage Men Rights NCW NRI Police Press Release PWDVA(DV Act) Rape RTI SC Judgment Supreme Court WCD Women Reservation Bill

The Benefits of Reading Men Rights India!

before reading MRI
Before


after reading MRI
After

email: I am facing false DV case. I love your blog. It really have me boost to fight this case and I feel so happy that you guys are doing such a commendable work.


comment: Your survey is 100 % true. whatever is written in this blog matches more than 90 % of my marriage life situation.


comment: The Article is really great, it’s actually happening in my life. whatever is mentioned here is the tactics are used by my wife and still going on….


comment: This is a very good article, and some points mentioned here are the real reasons males are threatened to shell out the maintenance amount


comment: This document is very help for me,becoise i am sufring for false dowry case and fiting for them.so thank for to u.


comment: The web content is very useful for its diversity and especially for atrocities committed upon men, emitting a clarion call for them to rise and defend their rights and hood.


comment: Thanks you People doing very may allah grant you Success. Ameen.


comment: This is very helpful. Thanks a lot. Your work is really a morale booster..
Search judgments at Bharat Law
Read judgments at Bharat Law
IPC 498A Judgments
IPC 406 Judgments
DV Act Judgments
CrPC 125 Judgments
Child Custody Judgments

Author on Facebook

Vivek Deveshwar

Free eBook: Surviving the Legal Jungle

Surviving-the-Legal-Jungle-Cover-Image

Featured Posts

Backgrounder on Domestic Violence Act (PWDVA)

1 Aug 2009 By videv Leave a Comment

Husband can’t rape wife, but you can marry woman you raped!

11 Mar 2010 By videv Leave a Comment

SC says no to routine transfer petitions in favour of wives

14 Jan 2015 By videv 11 Comments

Finally government waking up to abuse of boys

20 Mar 2010 By videv Leave a Comment

Women empowerment really — by lowering taxation?

24 Feb 2010 By videv Leave a Comment

Equality for Men – Myth or Reality?

Download IMD handbook
Download IMD handbook

Recent Comments

  • videv on How to get Provident Fund (PF) details of wife
  • Raghu on How to get Provident Fund (PF) details of wife
  • videv on How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • P2 on How to assess maintenance amount likely to be ordered in CrPC 125 or HMA 24
  • Child visitation monitor New Haven on Strategy for Child Custody for Men

RSS Feeds

  • All Posts
  • DV Act Judgments
  • Maintenance CrPC 125 Judgments
  • 498A Judgments

Archives

Copyright © 2009-2021 · Vivek Deveshwar · Privacy Policy
  • Contact
  • Bare Acts
    • IPC 498A bare act
    • CrPC 125 Bare Act
    • The Protection of Women From Domestic Violence Act, 2005 – bare act
    • Hindu Marriage Act, 1955 Bare Act
  • 498a
    • 498a Tips
    • 498a Info
    • 498a Judgments
  • DV Act
    • DV Act Tips
    • DV Act Info
    • DV Act Judgments
  • Maintenance
    • Maintenance CrPC 125 Judgments
    • Maintenance HMA 24 Judgments
  • Child Custody
    • Child Custody Visitation Judgments
    • Child Custody Visitation News
  • Misc
    • Divorce Judgments
    • Law Misuse
    • Marriage
    • Misandry
    • Sexual Harassment
    • Important Posts