VICTIM (A) 19 December 2014

Maintenance affidavit

Hello,

1. Is affidavit is required at the start of maintenance case? My understanding was that it is only needed in divorce case to decide permanent alimony by court.

2. How much time does the court gives to submit affidavit after its Is asked for?

In case of affidavit under maintenance case what does one need to declare:

3. Earning/salary from job after marriage or total earning since start of job (before marriage also)

4. Savings after marriage or total savings in life time?

5. What are the critical details of an affidavit? Can anybody share a particular sample affidavit?

6. If a husband transfers his savings to his father and mother after marriage but before before affidavit then do he still need to show it in affidavit?

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6 Replies

(Guest)

Originally posted by : VICTIM

Hello,

1. Is affidavit is required at the start of maintenance case? My understanding was that it is only needed in divorce case to decide permanent alimony by court.

Without affidavit your WS does not hold any value. A declaration via affidavit is necessary in any case.

2. How much time does the court gives to submit affidavit after its Is asked for?

You will have to submit your affidavit before you give your evidence.

In case of affidavit under maintenance case what does one need to declare:
3. Earning/salary from job after marriage or total earning since start of job (before marriage also)

If wife makes exhorbitant demands of maintenance, then you are left with no choice than to show to the court your actual income and the expenses you incur each month, you will have to show both income and expenditure and thus the take home income on which court will calculate 1/3rd as maintenance only if the petitioner proves that she is not able to earn any money and then based on merits of the petition will grand maintenance. On the other hand, the court may deny maintenance to a well educated and earning able bodied woman.

4. Savings after marriage or total savings in life time?
5. What are the critical details of an affidavit? Can anybody share a particular sample affidavit?

No need to show all of the savings etc. Just show take home income.

6. If a husband transfers his savings to his father and mother after marriage but before before affidavit then do he still need to show it in affidavit?

savings dont come into the picture.

N R Dash.. (Advocate) 19 December 2014

Rightly advised by helping hand.

1. Maintenance is calculated on your net income (that includes salary as well as any other like house rent, income from business etc). It does not include your savings or property etc.

2. However, it is not advised to disclose everything proactively.

3. Affidavit is required while filing WS, unless it would not be authentic in the eyes of law.

4. Your counsel should assist you in drafting & filing the WS according to the petition filed by the wife.

Ramesh Chander (Advocate) 19 December 2014

Maintenance is granted by Court on the basis of 'take home salary' or net income i.e. gross income minus expenses each month. This income can be shown at the time of your filing your written statement in the form of affidavit but necessarily before you give your evidence. Savings are not counted in monthly income.

VICTIM (A) 20 December 2014

Thanks to all three (3) of you for replying me back and clarifying.

Is it required to show interest income on FIXED DEPOSITS?

Is Bank Statement of Accounts needs to be submitted?

Is any Documentary Proof required for expenditure claimed?

Thanks again

satyanarayan.mundel (propritor) 20 December 2014

sir,my daughter has filed a mutual consent divorce before the family court at chennai on 14th july 2013.this matter is coming on 24th jan 2015.we have exchanged our belongings through medeator by sigining the paper by my self and the boy,s father.with two witnesses one from boy,s side,his sister,s father in law and another one who from our side but this witness has expired before 25 days.at the time of filling the divorce petition that i will get the metrimonium or alomony from boy,s side on or before getting divorce. i approche the lawyer who has filed this petition.i asked him that what matrimonial compansation she will get.she told me that the girl has mentioned in the divorce petiton that she will not claim any matrimonial in future of any kind.but the truth is that she has not received even a single ruppee.the lwayer said that when you have declared that i dont want any matrimonial then your not entitled for the same.but we were under impression that court will decide and fix the matrimonianl. she is only 10th pass that to from distance education.no source of any income for her.kindly advise me wether we can get the matrimonial trrough court or not.because the mediator also expired before few days.