Aswani K. Datt

The applicant wife and respondent husband separated after a 29-year marriage.

The trial addressed the equalization of net family properties, numerous exclusion claims primarily by the husband, unequal division, income determination, and spousal support.

The court found the husband's evidence regarding his financial affairs and exclusion claims to be largely unreliable, noting his failure to provide adequate disclosure and his history of non-compliance with court orders.

The court allowed some of the husband's exclusion claims where supported by documentary evidence but denied others due to commingling and lack of tracing.

The wife's claim for an unequal division of net family properties was dismissed.

The court imputed an annual income of $232,500 to the husband due to his inadequate disclosure and ordered him to pay $5,500 per month in spousal support, along with an equalization payment of $353,752.

The plaintiffs successfully obtained Mareva injunctions and certificates of pending litigation against the defendants in a prior decision.

They sought substantial indemnity costs of $306,793.48 or partial indemnity costs of $208,768.58.

The court found that the defendants' lack of transparency required the plaintiffs to incur significant costs to prove their case.

The court awarded the plaintiffs partial indemnity costs fixed at $175,000, payable forthwith, leaving open the possibility for the trial judge to increase the award to substantial indemnity if the plaintiffs succeed at trial.