please advice on the below case
1. My Salary 4 Lakhs Rs Annum . going to submit the affidavit with All bank statements ITRs etc.
2. Wife Salary 3 Lakhs Per Annum (dont have any proof of working but she filled affidavit without any document like 3 years bank statements and ITR etc. she claimed earlier she was working.
please advice shall i have to submit the documents in support of my affidavits, and without following judge order is wife can get maintenance from the court..
LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA
As per precedents both the parties have to submit their affidavit of income, assets and expenditures alongwith the documents in the court. If your wife has not filed those documents, then u must have file and application and request the court to direct ur wife to submit proper and required documents.
if wife is working then try to obtain all the documents and if she is not filing then you can file to the court and court will see and if want only will order maintenance and in some cases court will observe the living standard and will order accordingly
Thanks for the reply shalli file affidavit with documents as court directed me to file the same but told me that we will argue about ur wife affidavit at argument stage but first i need to file affidavit.
If the court has directed you to file the affidavit, please do so. Because if you do not do so. An adverse inference can be drawn about your earning. At a later stage your arguments about your income will not be accepted.
In addition to this you should file an application in the court with a prayer to direct your wife to file similar affidavit.