Income affidavit in maintenance cases requirements

Overview: The Hon’ble High Court of Delhi has formulated the draft of the assets, income, and expenditure to be filed by the parties at the very threshold in all matrimonial cases.

Purpose: The court was of the view that a comprehensive affidavit of this affidavit would enable the Courts to determine the maintenance on the basis of true income of the parties and would also save judicial time.

Process: This affidavit is extremely important and must be filed as per the legal advice of your advocate. It decides important rights of the parties and decides the grant and quantum of maintenance.


The Affidavit of assets, income and expenditure from the date of the marriage up date of filing contains the following particulars:-

1. Personal Information including

 (i) Educational qualifications,

(ii) Professional qualifications,

(iii) Present occupation,

(iv) Particulars of past occupation,

(v) Members of the family- (a) Dependent, (b) Independent.

2. Income including

(i) Salary, if in service,

(ii) Income from business/profession, if self-employed,

(iii) Particulars of all earnings since marriage,

(iv) Income from other sources including-  

                      (a) Rent,

                      (b) Interest on bank deposits and FDRs,

                      (c) Other interest i.e. on loan, deposits, NSC, IVP, KVP, Post Office schemes, PPF etc.,

                      (d) Dividends,

                      (e) Income from machinery, plant or furniture let on hire,

                      (f) Gifts and Donations,

                      (g) Profit on sale of movable/immovable assets,

                      (h) Any other income not covered above.

3.  Assets including

 (i) Immovable properties:-

    (a) Building in the name of self and its Fair Market Value (FMV):- Residential, Commercial, Mortgage, Given on rent, Others.

    (b) Plot/land.

    (c) Leasehold property,

    (d) Intangible property e.g. patents, trademark, design, goodwill,

    (e) Properties in the name of family members/HUF and their FMV.

(ii) Movable properties:-

    (a) Furniture and fixtures,

    (b) Plant and Machinery,

    (c) Livestock,

    (d) Vehicles i.e. car, scooter along with their brand and registration number.

(iii) Investments:-

        (a) Bank Accounts – Current or Savings,

        (b) Demat Accounts,

        (c) Cash,

        (d) FDRs, NSC, IVP, KVP, Post Office schemes, PPF etc.,

        (e) Stocks, shares, debentures, bonds, units and mutual funds,

        (f) LIC policy.

        (g) Deposits with Government and Non-Government entities,

        (h) Loan given to friends, relatives and others,

        (i) Telephone, mobile phone and their numbers,

        (j) TV, Fridge, Air Conditioner, etc.,

        (k) Other household appliances,

        (l) Computer, Laptop,

        (m) Other electronic gadgets including I-pad etc.,

        (n) Gold, silver and diamond Jewellery,

        (o) Silver Utensils,

        (p) Capital in partnership firm, sole proprietorship firm,

        (q) Shares in the Company in which Director,

        (r) Undivided share in HUF property,

        (s) Booking of any plot, flat, membership in Co-op. Group Housing Society,

        (t) Other investments not covered by above items,

  (iv) Any other assets not covered above.

4. Liabilities -    

     (i) OD, CC, Term Loan from bank and other institutions,

     (ii) Personal/business loan, (a) Secured, (b) Unsecured,

     (iii) Home loan

     (iv) Income Tax, Wealth Tax and Property Tax

5. Expenditure-

      (i) Rent and maintenance including electricity, water and gas,

      (ii) Lease rental, if any asset taken on hire,

      (iii) Instalment of any house loan, car loan, personal loan, business loan, etc.

      (iv) Interest to bank or others.

      (v) Education of children including tuition fee,

      (vi) Conveyance including fuel, repair and maintenance of vehicle. Also give the average distance travelled every day,             (vii) Premium of LIC, Medi-claim, house and vehicle policy,

      (viii) Premium of ULIP, Mutual Fund,

      (ix) Contribution to PPF, EPF, approved superannuation fund,

      (x) Mobile/landline phone bills,

      (xi) Club subscription and usage, subscription to news papers, periodicals, magazines, etc.,

      (xii) Internet charges/cable charges,

      (xiii) Household expenses including kitchen, clothing, etc.,

     (xiv) Salary of servants, gardener, watchmen, etc.,

      (xv) Medical/hospitalization expenses,

      (xvi) Legal/litigation expenses,

      (xvii) Expenditure on dependent family members,

      (xviii)Expenditure on entertainment,

      (xix) Expenditure on travel including outstation/foreign travel, business as well as personal,

      (xx) Expenditure on construction/renovation and furnishing of residence/office,

      (xxi) Any other expenditure not covered above.

6. General Information regarding Standard of Living and Lifestyle-

      (i) Status of family members,

      (ii) Credit/debit cards,

      (iii) Expenditure on marriage including marriage of family members,

      (iv) Expenditure on family functions including birthday of the children,

      (v) Expenditure on festivals,

      (vi) Expenditure on extra-curricular activities,

      (vii) Destination of honeymoon,

      (viii) Frequency of travel including outstation/foreign travel, business as well as personal,

      (ix) Mode of travel in city/outside city,

      (x) Mode of outstation/foreign travel including type of class,

      (xi) Category of hotels used for stay, official as well as personal, including type of rooms,

      (xii) Category of hospitals opted for medical treatment including type of rooms,

      (xiii) Name of school(s) where the child or children are studying,

      (xiv) Brand of vehicle, mobile and wrist watch,

      (xv) Value of jewellery worn,

      (xvi) Details of residential accommodation,

      (xvii) Value of gifts received,

      (xviii)Value of gifts given at family functions,

      (xix) Value of donations given,

      (xx) Particulars of credit card/debit card, its limit and usage,

      (xxi) Average monthly withdrawal from bank,

      (xxii)Type of restaurant visited for dining out,

      (xxiii)Membership of clubs, societies and other associations,

      (xxiv)Brand of alcohol, if consumed,

      (xxv)Particulars of all pending as well as decided cases including civil, criminal, labour, income tax, excise, property tax, MACT, etc. with parties name.

7. Copies of the documents relating to their assets, income and expenditure from the date of the marriage and more particularly the following:-  

      (i) Relevant documents with respect to income including Salary certificate, Form 16A, Income Tax Returns, certificate from the employer regarding cost to the company, balance sheet, etc.,

      (ii) Audited accounts, if deponent is running business and otherwise, non-audited accounts i.e. balance sheets, profit and loss account and capital account,

      (iii) Statement of all bank accounts,

      (iv) Statement of Demat account

      (v) Passport,

      (vi) Credit cards,

      (vii) Club membership cards

      (viii) Frequent Flyer cards,

      (ix) PAN card,

      (x) Applications seeking job, in the case of unemployed person.

Documents required to be submitted in the court: The affidavit itself

 

Punishment/Expected Relief: It is helpful in deciding the quantum of maintenance to be granted.

 

Landmark Judgments: (Title & Link of Judgments) – 

  • Kusum Sharma v. Mahinder Kumar Sharma, MANU/DE/0155/2015: AIR2015Delhi53
  • Sangeeta Vij v. Kunal Vij, Decided On: 18.09.2014, MANU/DE/2910/2014
  • Puneet Kaur v. Inderjit Sawhney, Decided On: 12th September, 2011


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