Fake income affidavit

Cite Kusum Sharma vs Mahinder Kumar Sharma judgement from Delhi High Court. No orders can be passed by judge unless she complies with the affidavit requirements and provides all bank statements and ITRs for 3 years. You can stall the case unless she files these required documents.

Move an application u/s 91 crpc in the same court and give complete details of her office name and address in your application and make a request to the court to give direction to that company/office head to bring her complete service detail including salary before the court in this way you will get all her deails .

Positive, the court can compel her to produce documents.

If it is a maintenance case u/s 125 cr.p.c.then you may file a petition u/s 91 cr.p.c.to obtain the desired documents either through the employee or the bank account details through the bank manager

Rightly advised...

 

Thanks to all members for your valuable advices!!!

On going through u/s-91crpc I guess it gives power to court to follow or not  to follow procedure here.Any measures which I should take so court gives nod for it.

Regards,

Amit Jain

Thanks Autohide for your case reference & posting important version as have questions from it

 

Kusum Sharma vs Mahinder Kumar Sharma

The documents which are mandatory to submit includes

a) copies of bank account statements of all accounts for the past three years,

b) income tax returns along with statement of income for three years, wealth tax returns,

c)cost to company certificate, CIBIL certificate, balance sheets and profit and loss accounts of companies, lease deeds and dividend certificates.

Details of “lifestyle” like number of domestic helps, mode of travel and category of hotels used for stay also have to be submitted with the affidavit. The complete format will soon be uploaded on the website of the district courts. The court even directed that, “the aforesaid procedure be followed in all cases relating to maintenance, including cases under the Hindu Marriage Act, 1955, Protection of Women from Domestic Violence Act, 2005, Hindu Adoption and Maintenance Act, 1956, Special Marriage Act, 1954, The Indian Divorce Act, 1869 as well as Section 125 CrPC”.

 

So,in case any document is not provided,we can request court to ask for & generally in practise do everyone files all documents.

Thanks,

Amit Jain