1. It has been noticed that the husbands do not truthfully disclose their true income in the proceedings and, therefore, the Court has to assume the income of the husband to award maintenance to the wife.
2. Court often feels and observes that parties in maintenance case often hide - lie about their income and hence have started to insist to parties (husband - wife) to file Affidavit on the lines of Ref.: Puneet Kaur Vs. Inderjjit Sawhney [183 (2011) DLT 403] where it has culled about 50 factors relating to the income, expenditure, assets, standard of living and lifestyle which can be taken into consideration for assessing the income of the husband. The Court directed both the parties to file the affidavit of assets, income and expenditure from the date of the marriage up to date along with all the relevant documents. This method of assuming the income from the expenditure, standard of living, lifestyle is a well recognized method used by Income Tax Authorities where the assessee does not truthfully discloses his income. The relevant portion of the said judgment is as under:-
“7. In the facts and circumstances of this case, both the parties are directed to file their respective affidavits of assets, income and expenditure from the date of the marriage up to this date containing the following particulars:-
7.1 Personal Information
7.6 General Information regarding Standard of Living and Lifestyle
3. Ask your Advocate to refer to above citation - judgment and pray before Court to direct parties to file their income statement in line with above referred judgment which now-a-days many State's trial court are following to quickly award maintenance to needy party as the case may be.