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IN THE HIGH COURT OF DELHI AT NEW DELHI
J.R. Midha, J.
Kusum Sharma - Appellant
Versus
Mahinder Kumar Sharma - Respondent
First Appeal From Order No. 369 of 1996
Decided On : 06-08-2020
To ensure the confidentiality of the parties involved, it is essential to mask their names in all legal documents and proceedings. Based on the detailed guidelines provided, the following steps should be taken:
Mask the Names of the Parties: Replace the actual names of the appellant and respondent with generic identifiers such as [Party A] and [Party B], or similar neutral labels throughout the document (!) .
Mask Personal Details: All personal identifiers, including addresses, family member names, and specific occupational details, should be replaced with placeholders or generic terms to prevent identification (!) (!) (!) .
Mask Financial and Asset Details: Any specific information related to income, assets, liabilities, or expenditure that could lead to identifying the parties must be anonymized. This includes bank account numbers, property details, and specific asset descriptions (!) (!) (!) .
Mask Specific Identifiers in Affidavits: The affidavit format explicitly requires the deponent to declare their identity and details. These should be replaced with placeholders, ensuring that the identity of the deponent remains confidential while maintaining the integrity of the document (!) (!) .
Masking in Supporting Documents: All supporting documents, such as income tax returns, bank statements, property papers, and other relevant records, should be similarly anonymized before submission or public disclosure (!) (!) (!) .
Maintain Anonymity in Court Proceedings: During hearings and filings, parties should be referred to by their masked identifiers, and all personal details should be excluded from public records or shared only in sealed or confidential annexures as per court directions (!) (!) .
Use of Confidential Formats: The prescribed formats for affidavits of assets, income, and expenditure include provisions for masking sensitive information. Courts are empowered to modify the extent of masking depending on the case specifics, especially for vulnerable or low-income parties (!) (!) .
By following these guidelines, the confidentiality of the parties involved can be preserved while ensuring compliance with judicial procedures and maintaining the integrity of the legal process.
JUDGMENT
J.R. Midha, J. - In matrimonial cases, the Court has to ascertain the financial capacity/status of both the parties for fixing maintenance. In many developed countries, the law prescribes a comprehensive format of assets, income and expenditure to be filed by both the parties at the very threshold of matrimonial litigation. However, there is no provision of law in our country for directing the parties to disclose their assets, income and expenditure in a particular format.
2. Vide judgment dated 14th January, 2015, this Court, after considering the International Best Practices, issued directions and formulated an affidavit of assets, income and expenditure to be filed by both parties at the very threshold of matrimonial litigation. This Court modified the aforesaid directions and format of assets, income and expenditure vide judgments dated 29th May, 2017 and 06th December, 2017.
3. In the earlier judgments dated 14th January, 2015; 29th May, 2017 and 06th December, 2017, this Court considered ten affidavits of assets, income and expenditure used in five countries. Fifty more formats of affidavits of assets, income and expenditure of various countries namely U.S.A., U.K., Ireland, Singapore, Canada, Australia and South Africa have now come to the notice of this Court thereby warranting modification of the judgment dated 06th December, 2017.
4. The Family Courts have sent their response/feedback and further suggestions to the working of the guidelines mentioned in the judgment dated 06th December, 2017 which have been considered by this Court. Mr. Sunil Mittal, Senior Advocate and Ms. Anu Narula, Advocate, assisting this Court as amici curiae, have given further suggestions which have also been considered.
5. In Bhandari Engineers & Builders Pvt. Ltd. v. Maharia Raj Joint Venture , (2020) 266 DLT 106 (hereinafter referred to as Bhandari Engineers I), this Court formulated an affidavit of assets, income and expenditure to be filed by the judgment-debtor in execution cases. Vide judgment dated 05th August, 2020 in Bhandari Engineers & Builders Pvt. Ltd. v. Maharia Raj Joint Venture (hereinafter referred to as Bhandari Engineers II), this Court modified and improved the format of affidavits of assets, income and expenditure to make it more comprehensive and further directions have been passed so that the execution cases are decided within a period of one year from the date of their institution.
6. The affidavits formulated by this Court in Bhandari Engineers II are far more comprehensive than the affidavit formulated by this Court for matrimonial cases. This Court considers it appropriate to incorporate the benevolent features of Bhandari Engineers II in the format of the affidavits of assets, income and expenditure in this case.
7. On careful consideration of the directions issued by this Court in Bhandari Engineers II; International Best Practices used in the developed countries; feedback and suggestions of the Family Courts and the suggestions of the learned amici curiae, the directions issued by this Court in judgment dated 18th September, 2014 - (2014) 214 DLT 493 (hereinafter referred to as ''Kusum Sharma I''); judgment dated 14th January, 2015 - (2015) 217 DLT 706 (hereinafter referred to as ''Kusum Sharma II''); judgment dated 29th May, 2017 - MANU/DE/2406/2017 (hereinafter referred to as ''Kusum Sharma III'') and judgment dated 06th December, 2017 - (2018) 246 DLT 1 (hereinafter referred to as ''Kusum Sharma IV)'', are hereby modified.
8. The modified directions and the modified formats of affidavits of the assets, income and expenditure are as under:
MODIFIED DIRECTIONS
9. Maintenance is not merely a legal right. It is part and parcel of basic human right. For weaker sections, it is a problem in the sense that their very survival rests upon the maintenance. The object of providing maintenance is two-fold: firstly,
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