Questionnaires under order 11 rule 2 allowed in dv case?

Housewife

Husbands lawyer has filed his WS in DV case which was filed by me. He has not disclosed his income nor denied my claim. Can he be asked to file income affidavit under order 11 rule 2 and order 11 rule 4 .I came to know about order 11 rule 2 in answers given by experts in this forum. My lawyer is saying that till now no one has filed this in my city and in DV cases Magistrate decides a nominal maintenance for child and wife as is the general trend in my city court for years. Please guide me. Thanks.
 
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N.A

You can ask the court to order to file income affidavit but not in these sections because If you ask the court to use these sections opposing counsel will say that DV act is govern by CrPC and not CPC.

 

In delhi it is mandatory to file income affidavit for both the parties,

 

Complete judgement

https://indiankanoon.org/doc/94345757/

 

Click the below link for format of income affidavit only

http://www.lawyersclubindia.com/share_files/Detail-Affidavit-Format-Delhi-High-Court-in-matrimonial-Cases-9495.asp

 


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Bangalore

Wont be of any use.  Lot of routes to espcae for opposite party. Maintenance laws are like serving payasam to cranes in plates, that too very late (if your advocate is good) or some times jsut looking at sky waiting for rains, that is real situatoin regarding mainteannce whether any woman like it or not.  Best way out is to take lumpsum alimony and part ways.  Like this your case will simply go on till another decade.


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Housewife

Thanks for replying Mr.Sachin and Helping hand.
 
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