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Sam   04 July 2018

Income details in div case

Is it mandatory to submit Income affidavit while filing for Divorce case in Delhi as per Kusum Sharma judgement? or Should it be when the Court ask us to do so?



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 5 Replies

Adv Deepak Joshi +917017821512 (Advocate)     04 July 2018

Yes, now financial details to both husband and wife are given in the beginning of the matrimonial cases.

Vijay Raj Mahajan (Advocate)     04 July 2018

The divorce petition without affidavit of income and expenditure of the petitioner will not be admitted in any Family Court in Delhi, unless in any particular district Family Court the Presiding Judge has allowed the filling of divorce petition without the said affidavit.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     04 July 2018

In the same Kusum Sharma judgment, the HC of Delhi amended its earlier judgment, and now you can file the petition without income affidavit.  During the pending proceedings, court will direct the petitioner first to file income affidavit and the respondent to file his/her affidvit after going through the petitioner's income affidavit.  Now you can file petitions without income affidavit.

Vijay Raj Mahajan (Advocate)     04 July 2018

Kusam Sharma case amendment made by the Delhi High Court is only to the extend :

    " Clause 19.10 of the order dated 14th January, 2015 is modified to the extent that the wife seeking divorce but not claiming maintenance, may seek exemption from filing the affidavit along with the divorce petition. However, this does not preclude the Court from directing the parties to file the affidavit at a later stage of the proceedings. "

There is no blanket order that the filing of affidavit along the divorce petition is excluded for both wife and husband filing the divorce petition, secondly even if the wife has to seek exemption from the Family Court, filing the affidavit along the divorce petition.


(Guest)

NO need to file income affidavit.  But if you want court to believe your income is so and so you file it based on it court will order maintenance.  Usually peoplel lie in affidavit.  you can be jailed also.  So its your choice.


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