Sanmathi S Rao 05 October 2024

Financial capacity of the husband

Should the Amendment Application reiterate averments regarding the financial capacity of the husband when the Main Petition already contains averments regarding financial capacity of the husband?

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Quick Summary

This discussion explores whether it's necessary to repeat averments about a husband's financial capacity in an Amendment Application if they're already present in the Main Petition. It highlights that in maintenance cases, both parties must file affidavits detailing assets and liabilities. If you can prove the other party has withheld crucial income information with evidence, legal action, including a perjury case, may be appropriate.

2 Replies

T. Kalaiselvan, Advocate (Advocate) 05 October 2024

If you have filed the maintenance case seeking maintenance, then both the parties are required to file an affidavit decalaring their assets and liabilities.

If you are able to prove that the opposite party has suppressed any vital information about the income and you have documentary evidence to prove the same,then you can take appropriate action as per law in furtherance.

Dr. J C Vashista (Advocate ) 06 October 2024

After detecting "false" information in the affidavit of income and expenditure submitted by opposite party your lawyer should proceed to move a case of "perjury" as per law.