Drafting an Affidavit of Assets — Rajnesh Format
Quick Answer
The **Affidavit of Assets — Rajnesh Format** is a sworn statement of income, assets, and liabilities that parties in matrimonial proceedings must file before a family court. This format was prescribed by the Supreme Court of India in *Rajnesh v.
Drafting an Affidavit of Assets — Rajnesh Format — detailed explanation below
Governing Principles — Affidavit of Assets — Rajnesh Format
The Affidavit of Assets — Rajnesh Format derives its authority from the Supreme Court judgment in Rajnesh v. Neha (2020). The Court directed that in all matrimonial proceedings — including divorce, maintenance, and child custody — each party must file an affidavit disclosing their income, movable and immovable property, investments, and liabilities. This direction was issued under Article 142 of the Constitution to ensure transparency and fair adjudication of maintenance claims. No reported decision was found on this point beyond the Rajnesh judgment itself.
Government Department & Website for Affidavit of Assets — Rajnesh Format
The Affidavit of Assets — Rajnesh Format is filed in the Family Court or the concerned civil court handling the matrimonial dispute. The Department of Justice, under the Ministry of Law and Justice, oversees the functioning of family courts. The official e-filing portal for many family courts is the e-Courts portal. However, the affidavit itself is typically filed physically or through the advocate's e-filing credentials. Your advocate will guide you on the specific filing procedure in your jurisdiction.
Affidavit of Assets — Rajnesh Format Application Process
The process for filing the Affidavit of Assets — Rajnesh Format begins after the institution of a matrimonial petition. The court usually directs both parties to file their affidavits within a specified period. The steps are:
- Collection of financial documents – Gather bank statements, salary slips, property documents, investment statements, and loan records.
- Drafting the affidavit – Your advocate will prepare the affidavit in the format prescribed by the Supreme Court, listing all assets and liabilities under separate heads.
- Notarization – The affidavit must be sworn before a notary public or an oath commissioner.
- Filing in court – The notarized affidavit is filed in the family court, and a copy is served on the opposite party.
- Verification – The court may call upon the deponent to verify the contents on oath.
Proper legal document drafting ensures that no material asset is omitted, as concealment can lead to adverse orders.
Key Forms Required for Affidavit of Assets — Rajnesh Format
The Affidavit of Assets — Rajnesh Format itself is the primary form. It is not a statutory form but a court-prescribed format. The affidavit typically includes the following schedules:
- Schedule I: Details of immovable property (self-acquired and ancestral)
- Schedule II: Details of movable property (vehicles, jewellery, shares, bank accounts)
- Schedule III: Details of income (salary, business income, rental income, etc.)
- Schedule IV: Details of liabilities (loans, credit card dues, etc.)
- Schedule V: Details of investments (fixed deposits, mutual funds, insurance policies)
No other government form is required for this affidavit. Your advocate will provide the correct format and assist with legal document drafting to ensure compliance.
Eligibility Criteria for Affidavit of Assets — Rajnesh Format
Any party to a matrimonial proceeding — whether husband, wife, or a guardian representing a minor — is required to file the Affidavit of Assets — Rajnesh Format if directed by the court. There is no income or asset threshold. The obligation arises once a petition for divorce, maintenance, custody, or any other matrimonial relief is pending. Even if a party claims to have no assets, a nil affidavit must be filed. The court may exempt a party in exceptional circumstances, but such exemptions are rare.
Timeline for Affidavit of Assets — Rajnesh Format
The court typically directs the parties to file the Affidavit of Assets — Rajnesh Format within a fixed period from the date of the first hearing. The timeline is set by the court on a case-by-case basis. The affidavit must be filed before the court proceeds to hear arguments on interim maintenance or other financial relief. Failure to file within the prescribed time may result in the court drawing an adverse inference against the defaulting party. No standard timeline can be stated as it varies with each court's docket.
Fees for Affidavit of Assets — Rajnesh Format
The Affidavit of Assets — Rajnesh Format does not attract any separate court fee. The court fee is paid on the main petition (e.g., divorce or maintenance petition). However, the following incidental costs may apply:
| Item | Amount (Government Prescribed) |
|---|---|
| Notary fee for affidavit | As per state notary rules (typically ₹50–₹200) |
| Advocate's fee for drafting | Varies (not government prescribed) |
| Court fee on main petition | As per the Court Fees Act, 1870 (varies by state) |
These figures are indicative and subject to change. Your advocate will provide the exact details.
Governing Law
Frequently Asked Questions
What is the Affidavit of Assets — Rajnesh Format?
The Affidavit of Assets — Rajnesh Format is a sworn disclosure of income, assets, and liabilities that parties in matrimonial proceedings must file as directed by the Supreme Court in Rajnesh v. Neha. It ensures transparency in maintenance and property disputes.
Who needs to file the Affidavit of Assets — Rajnesh Format?
Both parties in a matrimonial proceeding — whether husband, wife, or guardian of a minor — must file this affidavit if the court so directs. It applies to cases of divorce, maintenance, child custody, and other family matters.
What documents are needed for the Affidavit of Assets — Rajnesh Format?
You will need bank statements, salary slips, property documents, investment records, loan statements, and any other proof of income or assets. Your advocate will help you compile these for proper legal document drafting.
Is the Affidavit of Assets — Rajnesh Format mandatory in all family court cases?
Yes, the Supreme Court has made it mandatory in all matrimonial proceedings where maintenance or financial relief is sought. The court may exempt a party in rare cases, but generally, both parties must file it.
What happens if I do not file the Affidavit of Assets — Rajnesh Format?
Failure to file the affidavit within the court-prescribed timeline may lead to an adverse inference against you. The court may presume that you are concealing assets, which can affect maintenance orders and other relief.
Can I amend the Affidavit of Assets — Rajnesh Format after filing?
Yes, with the court's permission, you can file a supplementary or amended affidavit if you discover omitted assets or errors. However, deliberate concealment may invite contempt proceedings.
Share this page