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Overview: The Hon’ble High Court of Delhi has formulated the draft of the assets, income, and expenditure to be filed by the parties at the very threshold in all matrimonial cases.
Purpose: The court was of the view that a comprehensive affidavit of this affidavit would enable the Courts to determine the maintenance on the basis of true income of the parties and would also save judicial time.
Process: This affidavit is extremely important and must be filed as per the legal advice of your advocate. It decides important rights of the parties and decides the grant and quantum of maintenance.
The Affidavit of assets, income and expenditure from the date of the marriage up date of filing contains the following particulars:-
1. Personal Information including
(i) Educational qualifications,
(ii) Professional qualifications,
(iii) Present occupation,
(iv) Particulars of past occupation,
(v) Members of the family- (a) Dependent, (b) Independent.
2. Income including
(i) Salary, if in service,
(ii) Income from business/profession, if self-employed,
(iii) Particulars of all earnings since marriage,
(iv) Income from other sources including-
(b) Interest on bank deposits and FDRs,
(c) Other interest i.e. on loan, deposits, NSC, IVP, KVP, Post Office schemes, PPF etc.,
(e) Income from machinery, plant or furniture let on hire,
(f) Gifts and Donations,
(g) Profit on sale of movable/immovable assets,
(h) Any other income not covered above.
3. Assets including
(i) Immovable properties:-
(a) Building in the name of self and its Fair Market Value (FMV):- Residential, Commercial, Mortgage, Given on rent, Others.
(c) Leasehold property,
(d) Intangible property e.g. patents, trademark, design, goodwill,
(e) Properties in the name of family members/HUF and their FMV.
(ii) Movable properties:-
(a) Furniture and fixtures,
(b) Plant and Machinery,
(d) Vehicles i.e. car, scooter along with their brand and registration number.
(a) Bank Accounts – Current or Savings,
(b) Demat Accounts,
(d) FDRs, NSC, IVP, KVP, Post Office schemes, PPF etc.,
(e) Stocks, shares, debentures, bonds, units and mutual funds,
(f) LIC policy.
(g) Deposits with Government and Non-Government entities,
(h) Loan given to friends, relatives and others,
(i) Telephone, mobile phone and their numbers,
(j) TV, Fridge, Air Conditioner, etc.,
(k) Other household appliances,
(l) Computer, Laptop,
(m) Other electronic gadgets including I-pad etc.,
(n) Gold, silver and diamond Jewellery,
(o) Silver Utensils,
(p) Capital in partnership firm, sole proprietorship firm,
(q) Shares in the Company in which Director,
(r) Undivided share in HUF property,
(s) Booking of any plot, flat, membership in Co-op. Group Housing Society,
(t) Other investments not covered by above items,
(iv) Any other assets not covered above.
4. Liabilities -
(i) OD, CC, Term Loan from bank and other institutions,
(ii) Personal/business loan, (a) Secured, (b) Unsecured,
(iii) Home loan
(iv) Income Tax, Wealth Tax and Property Tax
(i) Rent and maintenance including electricity, water and gas,
(ii) Lease rental, if any asset taken on hire,
(iii) Instalment of any house loan, car loan, personal loan, business loan, etc.
(iv) Interest to bank or others.
(v) Education of children including tuition fee,
(vi) Conveyance including fuel, repair and maintenance of vehicle. Also give the average distance travelled every day, (vii) Premium of LIC, Medi-claim, house and vehicle policy,
(viii) Premium of ULIP, Mutual Fund,
(ix) Contribution to PPF, EPF, approved superannuation fund,
(x) Mobile/landline phone bills,
(xi) Club subscription and usage, subscription to news papers, periodicals, magazines, etc.,
(xii) Internet charges/cable charges,
(xiii) Household expenses including kitchen, clothing, etc.,
(xiv) Salary of servants, gardener, watchmen, etc.,
(xv) Medical/hospitalization expenses,
(xvi) Legal/litigation expenses,
(xvii) Expenditure on dependent family members,
(xviii)Expenditure on entertainment,
(xix) Expenditure on travel including outstation/foreign travel, business as well as personal,
(xx) Expenditure on construction/renovation and furnishing of residence/office,
(xxi) Any other expenditure not covered above.
6. General Information regarding Standard of Living and Lifestyle-
(i) Status of family members,
(ii) Credit/debit cards,
(iii) Expenditure on marriage including marriage of family members,
(iv) Expenditure on family functions including birthday of the children,
(v) Expenditure on festivals,
(vi) Expenditure on extra-curricular activities,
(vii) Destination of honeymoon,
(viii) Frequency of travel including outstation/foreign travel, business as well as personal,
(ix) Mode of travel in city/outside city,
(x) Mode of outstation/foreign travel including type of class,
(xi) Category of hotels used for stay, official as well as personal, including type of rooms,
(xii) Category of hospitals opted for medical treatment including type of rooms,
(xiii) Name of school(s) where the child or children are studying,
(xiv) Brand of vehicle, mobile and wrist watch,
(xv) Value of jewellery worn,
(xvi) Details of residential accommodation,
(xvii) Value of gifts received,
(xviii)Value of gifts given at family functions,
(xix) Value of donations given,
(xx) Particulars of credit card/debit card, its limit and usage,
(xxi) Average monthly withdrawal from bank,
(xxii)Type of restaurant visited for dining out,
(xxiii)Membership of clubs, societies and other associations,
(xxiv)Brand of alcohol, if consumed,
(xxv)Particulars of all pending as well as decided cases including civil, criminal, labour, income tax, excise, property tax, MACT, etc. with parties name.
7. Copies of the documents relating to their assets, income and expenditure from the date of the marriage and more particularly the following:-
(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 account
(vi) Credit cards,
(vii) Club membership cards
(viii) Frequent Flyer cards,
(ix) PAN card,
(x) Applications seeking job, in the case of unemployed person.
Documents required to be submitted in the court: The affidavit itself
Punishment/Expected Relief: It is helpful in deciding the quantum of maintenance to be granted.
Landmark Judgments: (Title & Link of Judgments) –
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Information which is grossly harmful, harassing, blasphemous, defamatory, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, pornographic, obscene or offensive content or otherwise unlawful in any manner whatever.
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Information which infringes any patent, trademark, copyright or other proprietary rights.
Information which deceives or misleads the addressee about the origin of the messages or communicates any information which is grossly offensive or menacing in nature.
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Information containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Information violating any law for the time being in force.
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Prohibited REGISTERED USER Activities and Actions
SoOLEGAL.com REGISTERED USER Rules are established to maintain a transacting platform that is safe for buyers and fair for REGISTERED USERS. Failure to comply with the terms of the REGISTERED USER Rules can result in cancellation of listings, suspension from use of SoOLEGAL.in tools and reports, or the removal of transacting privileges.
Attempts to divert transactions or buyers: Any attempt to circumvent the established SoOLEGAL Transactions process or to divert SoOLEGAL users to another website or Transactions process is prohibited. Specifically, any advertisements, marketing messages (special offers) or "calls to action" that lead, prompt, or encourage SoOLEGALusers to leave the SoOLEGAL website are prohibited. Prohibited activities include the following:
The use of e-mail intended to divert customers away from the SoOLEGAL.com Transactions process.
Unauthorised & improper "Names": A REGISTERED USER's Name (identifying the REGISTERED USER's entity on SoOLEGAL.com) must be a name that: accurately identifies the REGISTERED USER; is not misleading: and the REGISTERED USER has the right to use (that is, the name cannot include the trademark of, or otherwise infringe on, any trademark or other intellectual property right of any person). Furthermore, a REGISTERED USER cannot use a name that contains an e-mail suffix such as .com, .net, .biz, and so on.
Unauthorised & improper invoicing: REGISTERED USERS must ensure that the tax invoice is raised in the name of the end customer who has placed an order with them through SoOLEGAL Payment Systems platform . The tax invoice should not mention SoOLEGAL as either a REGISTERED USER or a customer/buyer. Please note that all Documents/ Advices listed on SoOLEGAL.com are sold by the respective REGISTERED USERS to the end customers and SoOLEGAL is neither a buyer nor a REGISTERED USER in the transaction. REGISTERED USERS need to include the PAN/ Service Tax registration number in the invoice.
Inappropriate e-mail communications: All REGISTERED USER e-mail communications with buyers must be courteous, relevant and appropriate. Unsolicited e-mail communications with SoOLEGAL , e-mail communications other than as necessary and related customer service, and e-mails containing marketing communications of any kind (including within otherwise permitted communications) are prohibited.
Operating multiple REGISTERED USER accounts: Operating and maintaining multiple REGISTERED USER accounts is prohibited.
In your request, please provide an explanation of the legitimate business need for a second account.
Misuse of Search and Browse: When customers use SoOLEGAL's search engine and browse structure, they expect to find relevant and accurate results. To protect the customer experience, all Documents/ Advice-related information, including keywords and search terms, must comply with the guidelines provided under . Any attempt to manipulate the search and browse experience is prohibited.
of the ratings, feedback or Documents/ Advice reviews: REGISTERED
USERS cannot submit abusive or inappropriate feedback entries,
coerce or threaten buyers into submitting feedback, submit
transaction feedback regarding them, or include personal information
about a transaction partner within a feedback entry. Furthermore,
any attempt to manipulate ratings of any REGISTERED USER is
prohibited. Any attempt to manipulate ratings, feedback, or
Documents/ Advice reviews is prohibited.
are important to the SoOLEGAL Platform, providing a forum for
feedback about Documents/ Advice and service details and reviewers'
experiences with Documents/ Advices and services –
or negative. You may not write reviews for Documents/ Advices or
services that you have a financial interest in, including reviews
for Documents/ Advices or services that you or your competitors deal
with. Additionally, you may not provide compensation for a review
(including free or discounted Documents/ Advices). Review
solicitations that ask for only positive reviews or that offer
compensation are prohibited. You may not ask buyers to modify or
REGISTERED USERS are expected to conduct proper research to ensure that the items posted to our website are in compliance with all applicable laws. If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
following list of prohibited Documents/ Advices comprises two
sections: Prohibited Content and Intellectual Property
Listing prohibited content may result in the cancellation of your listings, or the suspension or removal of your transacting privileges. REGISTERED USERS are responsible for ensuring that the Documents/ Advices they offer are legal and authorised for Transaction or re-Transaction.
If we determine that the content of a Documents/ Advice detail page or listing is prohibited, potentially illegal, or inappropriate, we may remove or alter it without prior notice. SoOLEGAL reserves the right to make judgments about whether or not content is appropriate.
Illegal and potentially illegal Documents/ Advices: Documents/ Advices sold on SoOLEGAL.in must adhere to all applicable laws. As REGISTERED USERS are legally liable for their actions and transactions, they must know the legal parameters surrounding any Documents/ Advice they display on our website.
Offensive material: SoOLEGAL reserves the right to determine the appropriateness of listings posted to our website.
Nudity: In general, images that portray nudity in a gratuitous or graphic manner are prohibited.
Items that infringe upon an individual's privacy. SoOLEGAL holds personal privacy in the highest regard. Therefore, items that infringe upon, or have potential to infringe upon, an individual's privacy are prohibited.
Intellectual Property Violations
Counterfeit merchandise: Documents/ Advices displayed on our website must be authentic. Any Documents/ Advice that has been illegally replicated, reproduced or manufactured is prohibited.
Books - Unauthorised copies of books are prohibited.
Movies - Unauthorised copies of movies in any format are prohibited. Unreleased/prereleased movies, screeners, trailers, unpublished and unauthorized film scripts (no ISBN number), electronic press kits, and unauthorised props are also prohibited.
Photos - Unauthorised copies of photos are prohibited.
Television Programs - Unauthorised copies of television Programs (including pay-per-view events), Programs never broadcast, unauthorised scripts, unauthorised props, and screeners are prohibited.
Transferred media. Media transferred from one format to another is prohibited. This includes but is not limited to: films converted from NTSC to Pal and Pal to NTSC, laserdisc to video, television to video, CD-ROM to cassette tape, from the Internet to any digital format, etc.
Promotional media: Promotional versions of media Documents/ Advices, including books (advance reading copies and uncorrected proofs), music, and videos (screeners) are prohibited. These Documents/ Advices are distributed for promotional consideration and generally are not authorized for Transaction.
Rights of Publicity: Celebrity images and/or the use of celebrity names cannot be used for commercial purposes without permission of a celebrity or their management. This includes Documents/ Advice endorsements and use of a celebrity's likeness on merchandise such as posters, mouse pads, clocks, image collections in digital format, and so on.
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