Civil Procedure Code (CPC)

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Simhan (manager)     17 March 2021

Affidavit of assets and liabilities

Under the recent rules of supreme court,  Affidavit of assets and liabilities are to be filed by both parties

gist of the case is given below.

1. Divoice file by husband  pending in the court now

2., child custody filed by sife -- won by husband and daughter( 18) and son (16) are with father for the past 8 years since they are 12 and 10 years

3. wife filed maintenance case and demanding huge maintenance.

4. Daughter & Son  when she was 17 years and son 15 years (keeping  father as guardian)  filed a maintenance against wife, and now daughter  is 18 years and son 16 years

The question is as the judge is now asking to file affidavit of assets and liabilities from both side   ------ under 4th point above who will have file affidavit of assets and liabilities from the husband side either by father  or by the daughter 18 years.   

Experts Please clarify the legal point.


 1 Replies

Adv. Mohit Chahal (Advocate)     22 March 2021

Maintenance cannot be claimed by adult daughter. However , affidavit on behalf of minor son would be tendered by the father under whose custody the minor child is residing.

Best Regards
Mohit Chahal
Advocate & Legal Consultant

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