Affidavits of income, assets and liabilities have become the backbone of maintenance adjudication. But can a court direct the respondent's mother — herself a party to the DV complaint — to lay her entire financial life on the record? In Santosh Mahajan v. Shachi Mahajan, decided on 7 September 2026, the Principal District & Sessions Judge, East District, Karkardooma Courts, held that it cannot be done as a matter of routine. Inquiries into the finances of relatives are permissible only in exceptional circumstances and on solid grounds — and there are better ways to trace a husband's concealed income.
The background
In a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005, the wife alleged that her husband — managing director of a family company — was concealing his true income and diverting company funds. The trial court, evidently persuaded that the family\'s finances were intertwined, directed the husband\'s mother to file her own affidavit of income and assets. The mother appealed under Section 29.
What the appellate court held
The appeal was allowed in part. The directions requiring the mother-in-law to disclose her complete financial position were set aside. The court\'s reasoning proceeded on a clear principle: the power to make inquiries from relatives about their personal finances exists, but it should be exercised only in exceptional circumstances and only on the basis of solid grounds — not on suspicion or as a fishing expedition.
Why this matters in Delhi maintenance practice
Since Rajnesh v. Neha, the affidavit of assets has been the central document in every maintenance and interim maintenance determination. A pattern has emerged in contested cases: applicants, confronted with self-employed or family-business respondents who plead poverty, seek disclosure from the entire household. Trial courts, anxious not to let concealment succeed, sometimes grant such requests liberally. This decision recalibrates that practice. It protects the legitimate privacy of relatives while preserving every effective tool against a concealing spouse — third-party summonses to companies and banks, cross-examination on the affidavit, and adverse inferences.
For applicants, the practical lesson is to build the "solid grounds" first: pleadings that identify the company, the role, the specific transactions and the flow of funds will support third-party summonses — and, in a proper case, even a relative-directed inquiry. A bare assertion that "the family is wealthy" supports neither.
Takeaways
Financial disclosure in maintenance cases is spouse-centric; relatives\' affidavits are the exception, not the rule.
Company and bank records are summoned from the company and the bank — the cleaner and legally safer route to concealed income.
Relatives aggrieved by disclosure directions have an effective appellate remedy under Section 29 DV Act.
Nothing in the decision dilutes the husband\'s own disclosure obligations — his affidavit, and the consequences of falsity in it, remain fully in play.
The decision balances the fight against income concealment with the privacy of family members who happen to be parties. This article is general information on Delhi practice and is not legal advice on any individual case.
Frequently Asked Questions
Can in-laws be made parties to a DV Act complaint?
Yes. "Respondent" under Section 2(q) of the DV Act includes adult relatives of the husband, and complaints naming mothers-in-law and other family members are common. Being a party, however, does not automatically expose a relative to every direction that could be issued against the husband, particularly directions about personal finances.
Who must file the affidavit of assets in a maintenance case?
Primarily the two spouses. Following Rajnesh v. Neha, both the applicant and the respondent spouse file detailed affidavits of income, assets and liabilities. Extending that obligation to other relatives is exceptional, because the maintenance obligation being enforced is that of the spouse, not of the wider family.
What if the husband hides his income behind a family business?
The court is not helpless. It can summon the company's records directly — accounts, filings and salary registers — from the entity itself, examine bank statements, and draw adverse inferences against a non-disclosing spouse. What this decision discourages is short-circuiting that exercise by forcing relatives to disclose their personal wealth.
Is an order directing a relative to file an asset affidavit appealable?
Orders of the Magistrate in DV proceedings are appealable to the Court of Session under Section 29 of the DV Act, and that is precisely the route successfully taken in this case.