How to compel wife to disclose her income
Discover the critical role of income affidavits in matrimonial disputes and how they shape maintenance amounts as per the landmark Rajnesh vs Neha Judgment. Uncover common inaccuracies often found in wives' income affidavits, from missing records to fabricated claims. Learn why it's essential to meticulously scrutinise these details, not only through oral submissions but also via written applications under Section 91 of CrPC. Explore how written applications ensure every objection is recorded, paving the way for fair adjudication. With insights on why oral submissions may not suffice, understand the importance of documentation in appealing unjust maintenance rulings. Empower yourself with strategies to navigate matrimonial disputes effectively. Trust our expertise to guide you through the complexities of Indian matrimonial law.
5/21/20241 min read
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.