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Some years back, I was sucked into the labyrinth of Indian Matrimonial laws and a false 498a in particular. To be fair, before it hit me, it was difficult for me to fathom the wide spread misuse of dowry laws and specially 498a in India.

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Maintenance Affidavit Format as directed by Supreme Court

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Format of Supreme Court Maintenance Affidavit for Non Agrarian Deponents

Recently Supreme Court came out with detailed directions on how maintenance cases shall be dealt by in various courts of India. The judgment was necessary as different states were dealing with maintenance cases in different manner, the tendency by both litigants to hide their real income and assets were rampant. Delhi High Court and then Punjab & Haryana High Court came out with series of detailed affidavits to be filled by both parties to stem this menace. Supreme Court dealt with those series of affidavits and declared three uniform affidavits for three class of people.

This template is of affidavit to be filed by non agrarian deponents, meaning those who are not dependent on agriculture for their livelihood and upkeep. This would include people who are salaried, business people, professionals, wage workers and so on. This affidavit can be gotten free of cost by sending a main at the link given below.

 

 

For word copy of this income affidavit, click here

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10 Comments

Mohd Afzal Advocate
February 19, 2021
  • The proforma affidavit prescribed by Supreme Court in order to determined parties real income is absolutely wrong and baseless for a women claiming maintenance. in column 7 of personal information in which monthly Expenditure of the deponent has been asked including rent, House hold, Medical bill, transportation etc. if a women is jobless and has no other personal source of income besides interim maintenance except help received from her parents, brother and sister shows actual expenditure beyond interim maintenance granted to her. the court will hold her actual expenditure as her actual income sufficient. for example a women receives Rs. 15,000/- per month as interim maintenance while she is facing acute crisis and her monthly expenses are greater than amount of interim maintenance which she bears from the help of her parents, brother and sisters and show her actual monthly expenditure as Rs. 40,000/- including rent, household expenses, medical transportation and legal expenses. the court will hold her actual income Rs. 40,000/- including surplus expenditure of Rs. (40000-15000/-)=25000/- which she is receiving from her parents, brother and sister will be counted in her real income which she will declare on her affidavit prescribed by SC.. and the court will dismiss her case holding her income sufficient and women capable of earning as she is expending 40,000/- while her interim maintainance is 15000/-. the court will conclude that applicant has sufficient source of income as her expenditure are 40000 while she is receiving only 15000/- how she is expending 40000/- per month meaning thereby applicant has not come with clean hand and is concealing her real income from the court saying that she has no other source of income besides maintenance and dismissed her case.
  • in other way where a women show her expenditure equal to maintenance granted the court will hold her granted interim maintenance found sufficient and will upheld the same on merit.
  • in both cases where a women claiming maintenance if show her expenditures equal to interim maintenance she will loose any chance of greater amount than interim maintenance on merit, and in another case where a women show her expenditure greater than interim maintenance, court shall presume her total expenditure as her income and declare her not entitled to any greater maintenance than interim relief and can dismiss women case presuming her income sufficient.
  • Whereas the husband will show his actual income and greater equal expenditure and will escape from his liabilities to maintain a divorced women till her death or till her remarriage.
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Shree Kumar
January 13, 2021

In the income affidavit applicant word stands for petitioner of the case or the person who gives the affidavit (deponent) . Please clarify

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Shonee Kapoor
April 19, 2021

The words mean petitioner when petitioner occurs
At all other places, word deponent is used to get the information of the person swearing this affidavit.

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Sathiya
September 30, 2023

J. Information provided by the Deponent with respect to the income, assets and
liabilities of the other Spouse

HERE WHAT IS MEANING OF THE WORD ” OTHER SPOUSE”

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Shonee Kapoor
October 11, 2023

Wife or Husband

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Mohammed khazim
January 11, 2024

Am facing 2 cases 498a dp3/4 & dv12

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Shonee Kapoor
January 13, 2024

You can seek an appointment by calling on 7428418261

Ram
January 07, 2021

Great Info Sir,

If wife has filed the Affidavit while she is applying for maintenance, can i access the affidavit she has submitted before i submit mine ?

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Shonee Kapoor
April 19, 2021

Yes.

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Raghavendra
November 24, 2020

I a m also victim of this DV case and also 498a so how should I fill up the application of affidavit

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