IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT,

SAKET DISTRICT COURT, DELHI

In re: -

XXXX                                                                                      … Petitioners

Versus

XXXX                                                                                     … Respondent

Application on behalf of the Respondent XXXX for seeking direction to the Petitioner to furnish important Documents before the Hon’ble Court as per the direction of the Hon’ble High Court of Delhi in the Judgement of 

MOST RESPECTFULLY SHOWETH: -

1.   That the above-noted case is pending before this Hon’ble Court and is fixed for XX.XX.20XX.

2.   That as per the direction of Hon’ble High Court of Delhi, the detailed income affidavit has to be filed by both the parties i.e Petitioner & respondent in matters i.e 125 Cr.P.C, Section 12 of DV Act, Sec 13 of HMA and the also the direction for submitting the information in a proper format along in the form of affidavit with oath along with all the documents related to all the income & expenditures of the parties but in the present matter petitioner has not followed the directions of Hon’ble High Court and filed the detailed income affidavit with incomplete information and that too without filing the required documents.

3.   That the petitioner has filed the detailed income affidavit before this Hon’ble Court in 20XX, where the required information along with documents not filed by the petitioner and the following information not given in the affidavit-

a.    Bank Account information along with all the account details and documents not filed the petitioner, as petitioner having four bank accounts- XXX XXX XXX as mentioned in the income affidavit but last 3 years bank statements not given by the petitioner before this Hon’ble Court.

b.   Till today How much amount is given by the respondent to the petitioner is not clear in the affidavit and only partial amount is given mentioned in the affidavit.

c.    Last 3 years income tax returns not given.

d.   Net income for the last 3 years not given.

e.    Details of share pension plans, retirements plans, other benefits not given.

f.     Details of Rented accommodation & rent receipt for the last 3 years not given.

g.    Details & bill of repair & maintenance as mentioned in the affidavit not given.

h.   Details & bill of Water, electricity groceries items, food items, clothes, telephone, gas, telephone, set top box, repair, taxi etc not given.

i.     Details & bill of expenditure of education amount of Rs. 0,00,000/- and Rs.0,0000/- for maintenance not given.

j.     Details & bill of Creche/day care/after school care not given.   

k.   Details & bill of Private tuitions, sports, outings/summer camps vacations, entertainment and others not given.

l.     Details & bills regarding the expenses i.e doctor, medication, hospital, other medical expenses not given.

m.  Details & bill regarding the expenses of legal/litigation expenses credit cards payments, personal loan, expenditure on education and maintenance of both the monor children not given.

n.   Estimated market value of flat not given.

o.    Details of all the Bank accounts and investments i.e PPF, Policies etc not given.

p.   Details of sale consideration received not given.

q.    Details & value of house hold items of high value and location of deposit lockers not given.

r.    Details & salary of 2 servants not given.

s.    Details of membership in club/health club/Gym not given.

t.     Details & last 3 years statements of all the credit cards, debits cards not given.

4.   That the petitioner had filed her affidavit of Income and Expenditure before this Hon’ble Court and in the said affidavit at Part–I to Part-X not filled by the petitioner as per the direction of Hon’ble Court & documents were not furnished along with the affidavit and intentionally and deliberately did not fill the said information and concealed the material things in her affidavit and done contempt of courts.

5.   In the income and expenditure filed in the year 20XX, where petitioner mentioned that she is earning Rs.00,00,000/- and in the evidence affidavit filed in XX 20XX, the petitioner submits that she is unemployed then the detailed affidavit of the present situation along with all the details are very much required to file before this Hon’ble Court.

6.   That the facts regarding the emplyeement of petitioner has to be clear that what period she had worked from the period of XX to X 20XX.

7.   That the present case is filed in the year 20XX and income affidavit was not filed by the petitioner from the year 20XX to 20XX and despite of directions by this Hon’ble Court, the petitioner had not filed the income affidavit and on XX.X.20XX This Hon’ble Court gave the last opportunity to the petitioner to file income affidavit within 1 week with advance copy to opposite counsel and inspite of the direction of this Hon’ble Court, the advance copy of affidavit is not supplied to the counsel for respondent and on XX.XX.20XX, copy of income affidavit of petitioner has supplied to the respondent from judicial record.

8.   That the petitioner did not file the petitioner’s evidence in spite of court’s direction and on XX.XX.20XX, last opportunity was given to the petitioner to file the petitioner’s evidence and again when on XX.XX.20XX, the this hon’ble court was pleased to pass the following order “Ld. Counsel XX for petitioner. Respondent is person. Last opportunity was afforded to the petitioner for her evidence. XXX submits that main counsel is not available as his mother’s death anniversary is falls today and he has gone to his native place. The Courts finds the excuse not justifiable. The date of death anniversary should have been to the knowledge of the counsel when the date was fixed. One more opportunity is afforded courts. It is, however, made clear that petitioner will not be entitled to seek mainatainance for the period of delay casued by her i.e XX.XX.20XX till her evidence is recorded. Adjourded to XX.XX.20XX.

9.   That the petitioner intentionally wasted the precious time and only wants to harrash the respondent by one way or the other physically financially etc and till today not submitted the relevant information and documents before this hon’ble court.

10.  That all the following documents are very much required for the adjudication of this matter and all the directions were laid down in the judgement of hon’ble High Court of Delhi and therefore the petitioner should submit the following information and documents before this hon’ble Court -

a.    Bank Account information along with all the account details and documents not filed the petitioner, as petitioner having four bank accounts- XXX, XXXX  Bank as mentioned in the income affidavit but last 3 years bank statements not given by the petitioner before this Hon’ble Court.

b.   Till today How much amount is given by the respondent to the petitioner is not clear in the affidavit and only partial amount is given mentioned in the affidavit.

c.    Lat 3 years income tax returns.

d.   Net income for the last 3 years.

e.    Details of share pension plans, retirements plans, other benefits.

f.     Details of Rented accommodation & rent receipt for the last 3 years.

g.    Details & bill of repair & maintenance as mentioned in the affidavit.

h.   Details & bill of Water, electricity groceries items, food items, clothes, telephone, gas, telephone, set top box, repair, taxi etc.

i.     Details & bill of expenditure of education amount of Rs. 0,00,000/- and Rs.0,0000/- for maintenance not given.

j.     Details & bill of Creche/day care/after school care.   

k.   Details & bill of Private tuitions, sports, outings/summer camps vacations, entertainment and others.

l.     Details & bills regarding the expenses i.e doctor, medication, hospital, other medical expenses.

m.  Details & bill regarding the expenses of legal/litigation expenses credit cards payments, personal loan, expenditure on education and maintenance of both the  monor children.

n.   Estimated market value of flat.

o.    Details of all the Bank accounts and investments i.e PPF, Policies etc.

p.   Details of sale consideration received.

q.    Details & value of house hold items of high value and location of deposit lockers.

r.    Details & salary of 2 servants.

s.    Details of membership in club/health club/Gym.

Details & last 3 years statements of all the credit cards, debits cards.

 All the documents are required to be submitted be furnish before this hon’ble court from the period of 20XX to till April 20XX, since the evidence affidavit filed by the petitioner before this hon’ble court does not say anything about the present status of petitioner regarding the income and expenditure status.  

                                                                                    PRAYER

It is therefore, most respectfully prayed to this Hon’ble Court that the Hon’ble Court may direct the petitioner to submit the above-mentioned information as per para 10 of the present application & also direct the petitioner to file fresh income and expenditure detailed affidavit, since the earlier filed by the petitioner in the 20XX, in the interest of justice.

          Any other order which the Hon’ble Court may kindly deem fit and proper.

Respondent

Delhi

Date:                                                                            

                Through

                                                                                                    XXXXX & ASSOCIATES

                                                                                                             Office - XXXXXXXX

                                                                                                                                                       Mob - XXXXXXX

                                                                                                                   Mail - XXXXXXXXXXXXXXX

IN THE COURT OF PRINCIPAL JUDGE, FAMILY COURT, SAKET DISTT COURT, DELHI

In re :-

XXX                                                                                         … Petitioners

Versus

XXX                                                                                         … Respondent

AFFIDAVIT

I, XXX S/o XXXX R/o XXXX, _____________________________, at present at Delhi, do hereby solemnly affirm and state as under:

1.   That the deponent is the respondent in the above noted case and well conversant with the facts of the case and competent to swear the present affidavit.

2.   That the contents of the accompanying application has been drafted by my counsel under my instructions and the contents of the same has been read over to me in vernacular and understood and the same are correct and the same may be read as part and parcel of the present affidavit and have not been repeated herein for the sake of brevity.                                                                                                                                                                                                                     DEPONENT

VERIFICATION:

I, the above-named deponent do hereby verify at New Delhi on this the day of……, 20XX that the facts stated in the above affidavit are true to my knowledge. No part of the same is false and nothing material has been concealed there from.

                                   DEPONENT