Affidavit of Assets and Liabilities — Rajnesh Format
Quick Answer
The Affidavit of Assets and Liabilities — Rajnesh Format is a court-mandated disclosure document that each party in a maintenance proceeding must file, as directed by the Supreme Court in Rajnesh v. Neha (2020).
Affidavit of Assets and Liabilities — Rajnesh Format — detailed explanation below
Governing Act — Affidavit of Assets and Liabilities — Rajnesh Format
The Affidavit of Assets and Liabilities — Rajnesh Format is not created by a statute but by the Supreme Court's judgment in Rajnesh v. Neha (2020). The Court directed that in all maintenance proceedings under the Hindu Marriage Act, 1955, the Special Marriage Act, 1954, the Protection of Women from Domestic Violence Act, 2005, and the Code of Criminal Procedure, 1973, both parties must file this affidavit. The format is prescribed in the judgment itself and is binding on all family courts and magistrates.
Government Department & Website for Affidavit of Assets and Liabilities — Rajnesh Format
The Affidavit of Assets and Liabilities — Rajnesh Format is filed in the Family Court or the Magistrate's Court where the maintenance case is pending. There is no central government website for this affidavit. You must file it in the court where your case is registered. Your Maintenance Lawyer India will guide you to the correct court and ensure the affidavit is submitted in the prescribed format.
Affidavit of Assets and Liabilities — Rajnesh Format Application Process
The process for filing the Affidavit of Assets and Liabilities — Rajnesh Format is straightforward. First, your advocate will obtain the format from the Supreme Court judgment or from the court's records. You must then fill in all details truthfully: list all immovable and movable assets, bank accounts, investments, loans, credit card dues, and any other liabilities. The affidavit must be sworn before a notary or oath commissioner. Once sworn, it is filed in the court and a copy is served on the other party. The court may call you for verification if any discrepancy is found.
Key Forms Required for Affidavit of Assets and Liabilities — Rajnesh Format
The only form required is the Affidavit of Assets and Liabilities — Rajnesh Format itself, which is a structured document with the following schedules:
- Schedule A: Immovable properties (land, house, flat)
- Schedule B: Movable assets (vehicles, jewellery, electronics)
- Schedule C: Bank accounts, fixed deposits, shares, mutual funds
- Schedule D: Income from all sources (salary, business, rent, etc.)
- Schedule E: Liabilities (loans, credit cards, legal dues)
- Schedule F: Expenses (monthly household, medical, education)
No other government form is required. Your Maintenance Lawyer India will help you fill each schedule correctly.
Eligibility Criteria for Affidavit of Assets and Liabilities — Rajnesh Format
The Affidavit of Assets and Liabilities — Rajnesh Format must be filed by both parties in any maintenance proceeding. There is no income or asset threshold. Whether you are the spouse seeking maintenance or the spouse paying maintenance, you are required to file this affidavit. The court may also direct a third party (such as a parent or employer) to file a similar affidavit if their financial information is relevant to the maintenance claim.
Timeline for Affidavit of Assets and Liabilities — Rajnesh Format
The Supreme Court in Rajnesh v. Neha (2020) directed that the affidavit must be filed at the first hearing or within a period fixed by the court. No specific number of days is prescribed in the judgment. The court will set a date by which both parties must file their affidavits. Failure to file within that time may result in the court drawing an adverse inference against the defaulting party.
Fees for Affidavit of Assets and Liabilities — Rajnesh Format
There is no court fee prescribed for filing the Affidavit of Assets and Liabilities — Rajnesh Format. The only cost is the notary fee for swearing the affidavit, which is nominal and set by the state government. Below is an indicative table of notary fees in some states:
| State | Notary Fee (per affidavit) |
|---|---|
| Delhi | ₹ 50 |
| Maharashtra | ₹ 100 |
| Karnataka | ₹ 50 |
| Uttar Pradesh | ₹ 50 |
| Tamil Nadu | ₹ 100 |
Note: These fees are subject to change. Your Maintenance Lawyer India will confirm the exact amount applicable in your court.
Governing Law
Frequently Asked Questions
What is the Affidavit of Assets and Liabilities — Rajnesh Format?
It is a sworn disclosure document that each party in a maintenance case must file, listing all assets, income, and liabilities. The format was prescribed by the Supreme Court in Rajnesh v. Neha (2020) to ensure transparency in maintenance proceedings.
Who needs to file the Affidavit of Assets and Liabilities — Rajnesh Format?
Both the spouse seeking maintenance and the spouse from whom maintenance is claimed must file this affidavit. In some cases, the court may also direct a third party, such as a parent or employer, to file it.
What happens if I do not file the Affidavit of Assets and Liabilities — Rajnesh Format?
If you fail to file the affidavit within the time fixed by the court, the court may draw an adverse inference against you. This means the court may assume that you are hiding assets or income, which could affect the maintenance amount awarded.
Can a Maintenance Lawyer India help me prepare the Affidavit of Assets and Liabilities — Rajnesh Format?
Yes, a Maintenance Lawyer India can guide you on what to include in each schedule, ensure the affidavit is correctly sworn, and file it in the appropriate court. This reduces the risk of errors or omissions that could harm your case.
Is the Affidavit of Assets and Liabilities — Rajnesh Format required in all maintenance cases?
Yes, the Supreme Court directed that this affidavit must be filed in all maintenance proceedings under the Hindu Marriage Act, Special Marriage Act, Domestic Violence Act, and Code of Criminal Procedure. It applies to both interim and final maintenance applications.
What details must I include in the Affidavit of Assets and Liabilities — Rajnesh Format?
You must include all immovable and movable assets, bank accounts, investments, income from all sources, loans, credit card dues, and monthly expenses. The format has six schedules covering properties, assets, bank accounts, income, liabilities, and expenses.
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