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ChildRights (Learning Law)     10 June 2018

Incomplete income and expenses affidavit of spouse

Hi,

How to deal with missing documents said as annexed in income affidavit of opponent? There has been a date set for response but complete affidavit including affidavit is false and vital informations are suppressed. What is the way to ask for the same before filing response in court?

 



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 8 Replies

Aman chawla (DELHI HIGH COURT ADVOCATE)     10 June 2018

what documents are you seeking from your spouse? Are they related to Income Affidavit?

 

ChildRights (Learning Law)     10 June 2018

All places of opponents documents is written annexed but no annexures are submitted when inspection was done. Moreover, all bank account statements and salary, income proofs are missing. Don't think asking for certified copies makes sense. I don't want to file response till these documents are provided. Please guide.

Vijay Raj Mahajan (Advocate)     10 June 2018

Point out the missing documents mentioned as attached annexures with income expenses affidavit to the court, let opposite party bring on record of the court those documents and copy to you, after that reply or your affidavit in reply should be filled. Take proper order of the court on this issue.

ChildRights (Learning Law)     10 June 2018

Thanks Mr. Vijay.
Can you throw more light on taking order from court? - Is that done by moving an application pointing out missing documents or verbally on next date.

 

Aman chawla (DELHI HIGH COURT ADVOCATE)     10 June 2018

File your Income Affidavit (With full documents)  and while filing your income affidavit orally request the judge to please ask the opponent party to produce all the relevant documents which are required with the income affidavit. The judge will surely accept your request and make an order and direct the other party to produce the relevant document on record for the adjudication.

Thanks,

Regards,

Aman Chawla

JustAnotherGuy   16 July 2018

Is it possible to not send the income to the other party and only give it to the learned court in sealed envelope only for its own perusal? Wife can otherwise use the details to extort money from the husband. If the purpose is for court to decide on the interim maintenance, then why would just sharing it with court in a sealed envelope not work? Has there been any precedence in such matter?

JustAnotherGuy   16 July 2018

Is it possible to not send the income to the other party and only give it to the learned court in sealed envelope only for its own perusal? Wife can otherwise use the details to extort money from the husband. If the purpose is for court to decide on the interim maintenance, then why would just sharing it with court in a sealed envelope not work? Has there been any precedence in such matter?

Abh Abh   11 January 2024

Adding something more to it.

What if this income affidavit as per rajnesh vs neha doesnt have declaration and verification.

And supported documents are provided?


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