How to compel wife to disclose her income

In matrimonial dispute the determination of “maintenance amount” is primarily dependent on INCOME AFFIDAVIT that is to be submitted by the wife and the husband, as per Rajnesh vs Neha Judgment.

This is a crucial step in the case even the slightest oversight could lead to significant damage, potentially resulting in high maintenance amount being set against the husband. It is very important to closely observe any deficiency that the wife’s income affidavit may have.

Here’s a list of common incorrect details provided by the wife side in their income affidavit: -

 Missing records,
* Inadequate income tax return (ITR) records,
* ⁠Insufficient bank statements,
* ⁠False claims about dependents,
* ⁠Fabricated medical claims,
* ⁠Concealed details about the pension status of parents,
* ⁠Additional credit card records that are omitted,
* ⁠Undisclosed allowances from the employer,
* ⁠Lack of transparency regarding fixed deposits or recurring investments,
* ⁠Failure to disclose parental pension details, often to maintain dependency status,
* ⁠Creation of forged rental agreements to falsely claim rental income.

These inaccuracies must be pointed out to the judge not ONLY through ORAL SUBMISSION but also through WRITTEN APPLICATION under SECTION 91 of CrPC so that the wife be directed to cure all the objections for a fair adjudication of interim maintenance application filed by the wife.

The reason why I always stress on submitting WRITTEN APPLICATION is because there are good chances your oral submission may or may not be taken on record and that would eventually seem to appear that you never pointed out the conjectures at the very first place. A WRITTEN APPLICATION compels the judge to take every minor submission to be taken on record.

This is extremely helpful in situations where an unjust amount has been fixed against the husband and the matter is to be taken in appeal. The appellate court can be informed about the WRITTEN APPLIATION so filed in the matter and the decision in the impugned order has been arrived at without due consideration of the same.

I am a Delhi based lawyer.

I post regularly on:

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[AmishLegal]

In matrimonial dispute the determination of “maintenance amount” is primarily dependent on INCOME AFFIDAVIT that is to be submitted by the wife and the husband, as per Rajnesh vs Neha Judgment.




This is a crucial step in the case even the slightest oversight could lead to significant damage, potentially resulting in high maintenance amount being set against the husband. It is very important to closely observe any deficiency that the wife’s income affidavit may have.

Here’s a list of common incorrect details provided by the wife side in their income affidavit: -

 Missing records,
* Inadequate income tax return (ITR) records,
* ⁠Insufficient bank statements,
* ⁠False claims about dependents,
* ⁠Fabricated medical claims,
* ⁠Concealed details about the pension status of parents,
* ⁠Additional credit card records that are omitted,
* ⁠Undisclosed allowances from the employer,
* ⁠Lack of transparency regarding fixed deposits or recurring investments,
* ⁠Failure to disclose parental pension details, often to maintain dependency status,
* ⁠Creation of forged rental agreements to falsely claim rental income.

These inaccuracies must be pointed out to the judge not ONLY through ORAL SUBMISSION but also through WRITTEN APPLICATION under SECTION 91 of CrPC so that the wife be directed to cure all the objections for a fair adjudication of interim maintenance application filed by the wife.

The reason why I always stress on submitting WRITTEN APPLICATION is because there are good chances your oral submission may or may not be taken on record and that would eventually seem to appear that you never pointed out the conjectures at the very first place. A WRITTEN APPLICATION compels the judge to take every minor submission to be taken on record.

This is extremely helpful in situations where an unjust amount has been fixed against the husband and the matter is to be taken in appeal. The appellate court can be informed about the WRITTEN APPLIATION so filed in the matter and the decision in the impugned order has been arrived at without due consideration of the same.


I have attached Rajnesh vs Neha Judgement, just in case anyone would like to read!

[omkardhar]

Now, I am Afraid, afraid to get married. Gamophobic😵‍💫

[chinmaymhegde]

In India, in matrimonial disputes. If you are a husband, one Big mistake you make is getting married 🗿

[sayasargam]

Now we are moving toward everything in written, because, general aspect, never denied

[basukivenkatpati]

Shadi mt karo bhaiyo, bs bangkok ghum aao sal me 4 bar

[avinashk]

I filed production of missing documents judge also ordered to file
In spite of this she did not file the documents
However still the judge allowed arguments and passed maintenance orders

[apurbaghosh]

For those who are in hurry, all he said is "don't get married if you are an Indian male"

[hamsalatha]

Perfect valil sab - regards from bangalore adv.Hamsa

[AmanKumar-jpsr]

You are doing a great job by help the youth.

[rishipramanick]

I am shocked such cases also happen when husband and wife never discloses their income
It's something out of the world for me in large no of cases wives and husband's are aware of their financial status

[useuheheksidhhd]

Plz make a video on applying application plz sir. Format of application

[FocusMateIndia-goalLBSNAA]

No wife no divorce, no life partner no life. So life lesson is get married to biriyani.

[dhanamjayas]

Yes, everything should be in writing! How can a judge remember one case, if there are 60 cases a day?😂

[inzeeesensei]

Sir India mein divorce ka % kya hai compared to other nations?

[umagla]

Mene toh Darr se pinhole camera + watch camera kharid liya 😂

[ind]

After 8 yrs the senior advocate agreed to file a written application.
Despite being reminded several times.

[kk-srrf]

Under which sec we should write application sir

[gokukakarot]

There should be an Udemy course on Pre Marriage

[SukhdevSingh-ihyd]

Good informative knowledge, , , , can you pl share on what section I can write the written application for the same

[deveshsikarwar]

Samajh nhi written se bhi fayda hai ki nahi