Regarding trial procedure in matrimonial case
Querist :
Anonymous
(Querist) 05 July 2025
This query is : Resolved
Dear Experts,
Written statement is filed with allegations from Respondent. No documents has been attached substantiating the allegations.
Similarly income affidavit is filed without any documents (salary, bank statements, ITR etc) and us also incomplete.
Even after posting the same during enquiry, there is no response.
To extent possible I have submitted documents from my side.
I am not sure on why is this negligence from opposite side.
She has claimed maintenance and trial (by way of evidence is to commence).
By question is can the documents be submitted now (written statement related at this point by opponent) just like that. Do they need not get permission first? I wanted to know the procedure in family court.
Similarly in this stage also if documents on income affidavit is not submitted, then what should be my next step. Can experts guide me?
T. Kalaiselvan, Advocate
(Expert) 06 July 2025
Even if she has not filed the affidavit for declaring her assets and liabilities, the maintenance case is unlikely to be dismissed solely because the wife has not filed an affidavit of assets and liabilities.
While the Supreme Court has emphasized the importance of this affidavit in maintenance cases, failure to file it does not automatically lead to dismissal.
The court may draw adverse inferences or impose other penalties, but the case itself will likely proceed.
If you want to produce the documents from your side you can do so by filing them at the time of your side evidence /chief examination.
Dr. J C Vashista
(Expert) 06 July 2025
Supreme Court in the case Rajnesh V Neha (2021) has specifically issued guidelines (binding on all Courts) for filing of affidavit of income, expenditure, assets and liability of both parties to the suit.
Querist :
Anonymous
(Querist) 06 July 2025
Sir
W.r.to my initial query, the affidavit of income is submitted but haven't produced any documents like salary, ITR etc.,
So what should be my step having moved to evidence stage?
2. In written statement if there is no documents aiding her allegations which is neither submitted nor mentioned, so in this scenario can she submit the same during her submission of evidence affidavit? Can it be done just like that without getting permission?
Csn you pls share your inputs sir
Querist :
Anonymous
(Querist) 06 July 2025
My clarification needed from experts is posted above.
Thanks in advance
T. Kalaiselvan, Advocate
(Expert) 06 July 2025
If there is no pleadings made in the written statement regarding the documents submitted during her side evidence, then the court may not entertain the documents or you can very well object to the documents being accepted as exhibits. She has to file a petition and an affidavit requesting court to permit her to file the documents she relies upon with the reason for not filing them earlier or having not made any mention about them earlier, if the court is convinced then it may allow her petition permitting her to mark her documents as her side documentary evidence.
As far as the affidvit for assets and liabilities, if there was no documentary evidence supported to the statements made in the affidavit, you may extract the fact during cross examination and get her statements made in the affidavit as false and get it nullified.
The question you have raised are of routine trial procedures hence your advocate will be the better person to guide you at each and every stage of the case in the trial proceedings, have you lost confidence in yor advocate or whether are you appearing as party in person because normally such procedural doubts are to be clarified by the advocate who handles your case.
Any opinion in this regard to the practical and routine practice/procedure without perusing the records may be a misguidance.
Querist :
Anonymous
(Querist) 06 July 2025
Salute to the pinpoint reply sir, happy to see the reply from experts like you which reduces the stress as you said right with the regular legal procedures, which sometimes become difficult to receive.
Thanks once again.
