Kusum Sharma vs Mahinder Kumar Sharma

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

DELHI HIGH COURT
J.R.MIDHA
Kusum Sharma – Appellant
Versus
Mahinder Kumar Sharma – Respondent

Table of Content
1. court examines financial capacity for maintenance. (Para 1 , 2 , 3)
2. feedback from family courts considered for guidelines. (Para 4 , 7 , 10)
3. importance of comprehensive affidavits in maintenance. (Para 5 , 9)
4. supreme court relevance on maintenance principles. (Para 6 , 11 , 12)
5. sections 24 and 25 provisions for alimony. (Para 19 , 25)
6. modified affidavit procedures established for cases. (Para 64 , 65 , 84)
7. future guidelines and practices on maintenance discussed. (Para 88 , 91)

JUDGMENT

1. 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 b

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DELHI HIGH COURTJ.R.MIDHAKusum Sharma – AppellantVersusMahinder Kumar Sharma – Respondent

DELHI HIGH COURT
J.R.MIDHA
Kusum Sharma – Appellant
Versus
Mahinder Kumar Sharma – Respondent