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.
