Gurmeet Kaur vs Simranjit Singh - 2023 Supreme(P&H) 1486

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1486

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Tribhuvan Dahiya, J.
Gurmeet Kaur & Anr. – Appellants
Versus
Simranjit Singh – Respondent
CRM-M No. 38167 of 2021
Decided On : 31-05-2023

Advocates appeared:
For the Parties : Mr. M.S. Sachdeva, Mr. Simranjit Singh

Headnote:(A) Code of Criminal Procedure, 1973 - Section 125 - Maintenance application - Exemption from filing affidavit of assets and liabilities denied as petitioner failed to substantiate EWS claim - Relevant guidelines state only parties belonging to EWS may be exempted from filing such affidavit - Exemption cannot be claimed based on family income when individual income is the focus of the maintenance application. (Paras 10-11)

(B) Maintenance Proceedings - Proper adjudication requires disclosure of individual assets and income - EWS guidelines designed for parties themselves, not on family income. (Paras 10-11)

(C) Claim for Filing Exemptions - Petitioner’s claim of EWS status misconstrued; reliance on family income does not equate to individual entitlement under maintenance provisions. (Paras 10-12)

Facts of the case:
The petitioners, wife and minor daughter of the respondent, sought maintenance under Section 125 Cr.P.C., claiming exemption from filing an affidavit of assets based on EWS certification, which was contested by the husband as being invalid.

Findings of Court:
The court upheld the Family Court's decision, emphasizing the need for the wife to file financial disclosures for accurate maintenance adjudication, reiterating the distinction between family and individual income.

Issues: The court addressed whether the petitioner qualified for EWS status to be exempted from filing the required affidavit.

Ratio Decidendi: The court concluded the petitioner’s claim did not justify exemption under the guidelines since they pertained to individual responsibility in maintenance cases.

Result: Petition dismissed.

Table of Content
1. details of maintenance application proceedings. (Para 1 , 2 , 3)
2. arguments on exemption from affidavit. (Para 4 , 5)
3. court's analysis of ews exemption. (Para 6 , 7 , 8 , 9 , 10 , 11)
4. conclusion on exemption claim not valid. (Para 12 , 13 , 14)

Judgment

Mr. Tribhuvan Dahiya, J.

This petition has been filed for setting aside the order dated 18.08.2021 (Annexure P-6) passed by the Family Court, Ludhiana, camp at Samrala, in maintenance application under Section 125 Cr.P.C. instituted by the petitioners, who are wife and minor daughter of the respondent, wherein wife’s application seeking exemption from filing the affidavit of ‘assets and liabilities’ has been dismissed.

Background

2. Briefly, the facts apparent on record are:

(i) The petitioners filed an application claiming maintenance under Section 125 Cr.P.C. before the Family Court on 29.08.2012. During pendency of the proceedings, the Family Court vide order dated 20.05.2013 granted interim maintenance of Rs. 3,000 per month to each of the petitioners. The amount of interim maintenance granted to the petitioner/wife was to be adjusted against monthly maintenance of Rs. 15,000 granted to her under the Protection of Women from Domestic Violence Act, 2005, by the Magistrate in February, 2016.

(ii) Thereafter, the petitioners concluded their evidence in the case on 18.12.2019, and it was adjourned for evidence of the respondent/husband. He was examined-in-chief on 08.01.2020; his cross-examination was deferred on the request of learned counsel for the petitioners to 15.01.2020, the date fixed for remaining evidence of the respondent at his own responsibility.

(iii) The petitioner, instead of conducting the cross-examination filed an application seeking directions to the respondent to file a detailed affidavit with regard to his income and assets. The application was replied to by the respondent and was finally allowed by the Family Court vide order dated 26.02.2020, directing him to file a detailed affidavit of his sources of income and assets as per directions contained in the judgment of this Court in Jaspreet Singh v. Gurleen Kaur , 2020(1) R.C.R. (Criminal) 646.

(iv) In compliance thereof, the said affidavit was filed by the respondent on 10.03.2021. However, before doing that, he filed an application dated 04.03.2020 for issuing appropriate direction to the petitioner/wife to file a detailed affidavit of her income and assets also as per judgment in Jaspreet Singh case (supra). Instead of filing the affidavit, she sought to be dispensed with the requirement of filing the affidavit in terms of the judgment, by filing an application dated 24.03.2021 (Annexure P-7) to that effect. She claimed to be not having any moveable or immovable property, except the amount of maintenance being paid to her. She also claimed to be belonging to Economically Weaker Section (EWS) of society, and therefore, was not required to file the affidavit disclosing her assets and liabilities (for short ‘the Affidavit of Disclosure’) in terms of the Supreme Court judgment in Rajnesh v. Neha and another , 2021(2) SCC 324. Her EWS Certificate dated 19.03.2021 issued by Department of Social Justice, Empowerment and Minorities, Government of Punjab for the financial year 2020-2021 has been placed on record as Annexure P-9. The subsequent certificate dated 11.10.2022 issued by the same Department for the financial year 2022-23 is also placed on record as Annexure P-11.

(v) The application was contested by the respondent/husband by filing reply dated 02.06.2021 (Annexure P-8) stating that the petitioner/wife did not belong to EWS of the society, and she applied for the certificate only on 19.03.2021, when requirement of filing of affidavit before this Court arose. It was also stated that the certificate was obtained by withholding true facts as per parents possess immoveable properties including shops No.1295, 1296, 1297, 1298 and House No. 1299, situated at Mian Mohalla Machhiwara Sahib.