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Home › Maintenance: Summoning Records
Procedure Explainer · Delhi Courts

Compelling Financial Disclosure in Maintenance Cases: The Machinery

Maintenance litigation is won and lost on documents the other side holds. This is the machinery for getting them: sworn affidavits of income, summons to employers and banks, and the consequences that follow concealment.

Every maintenance case — under Section 144 BNSS, Section 24 of the Hindu Marriage Act or Section 20 of the DV Act — turns on a single disputed fact: what the other side actually earns. The claimant rarely holds the proof; the payer rarely volunteers it. The law’s answer is a layered disclosure machinery, and using it deliberately, from the first hearing, is what separates a realistic award from a token one.

Why disclosure is the whole game

Quantum in maintenance is a function of two variables: the needs of the claimant and the means of the payer. The first is easy to prove; the second is routinely concealed — salaries routed to family accounts, businesses run in a brother’s name, rental income left off affidavits. The disclosure machinery exists because cross-examination alone cannot reconstruct a balance sheet. Documents can.

The three layers of the machinery

Layer one: the sworn affidavit. Both sides file a structured affidavit of assets, income and expenditure covering salary, business income, immovable property, vehicles, bank accounts, investments, liabilities and monthly outgoings — including dependants supported and litigation expenses. The affidavit is the baseline document against which every later disclosure is tested.
Layer two: directed production. Where the affidavit looks thin, the court can direct the party to produce the underlying records — income tax returns for recent assessment years, Form 16, salary slips, GST returns, and statements of every disclosed account. The request should be specific: named accounts, named years, named employers.
Layer three: third-party summons. The decisive layer. Under the general powers to summon documents and witnesses — Section 94 BNSS on the criminal side, Order XVI CPC before the Family Courts, supplemented by the Family Courts Act’s liberal evidence regime — the court can call for records straight from the employer, the bank, or the income tax department. Records obtained from the source cannot be curated by the party.

Meeting the usual objections

“The ITR is confidential.” Confidentiality yields to relevance. The respondent’s income is not collateral material in a maintenance case; it is the fact in issue. Courts have consistently permitted summoning of tax records in matrimonial litigation, and the Family Courts Act expressly loosens formal evidence rules so that such material can be received and acted upon.

“The business is not mine.” Where income is routed through relatives, lifestyle evidence fills the gap: the car driven, the school fees paid, the residence maintained, foreign travel, credit card statements. A court assessing means is entitled to prefer the standard of living actually enjoyed over the poverty pleaded on affidavit.

“I am unemployed.” An able-bodied respondent is presumed capable of earning at least at the level of his qualifications and work history. Courts in Delhi routinely peg such respondents to minimum wage or to their last drawn salary rather than accepting zero.

The cost of concealment

Adverse inference. Suppression of accounts or non-filing lets the court accept the claimant’s estimate and fix quantum against the concealing party.
Quantum consequences. Concealed savings and undisclosed credits, once exposed through summoned statements, routinely move interim maintenance upward — and can justify enhancement later.
Perjury exposure. A false affidavit is sworn testimony. The court may initiate perjury proceedings, a risk that disciplines disclosure far more effectively than argument.
Defence struck off. Persistent default in paying interim maintenance can cost the defaulter the right to contest, leaving quantum to be decided on the claimant’s material.

A working checklist for the claimant’s side

Seek directions for affidavits of assets and income at the first effective hearing — not after pleadings close.

Serve a specific production list: ITRs with computation sheets for three years, Form 16/16A, GST returns, statements of all accounts named in the affidavit.

Apply for third-party summons to the employer and bankers where production is evasive; ask for records from the source, not copies from the party.

Assemble lifestyle evidence in parallel — vehicles, school fees, travel, rent actually paid — to test the affidavit’s credibility.

Where the affidavit is demonstrably false, seek consequences in terms: adverse inference on quantum and, in egregious cases, perjury action.

The machinery works both ways. A respondent facing an inflated claim is equally entitled to summon the claimant’s employment records and bank statements, since maintenance also reflects the claimant’s own income and earning capacity. Honest, early, documented disclosure is the cheapest strategy either side can adopt.

Frequently Asked Questions

What is an affidavit of assets and income?

It is a sworn, structured disclosure of income, assets, liabilities and expenditure that both parties must file in maintenance proceedings. Because it is sworn, a false or incomplete affidavit is not mere litigation posturing — it exposes the deponent to perjury proceedings and to adverse findings on quantum.

Can the court summon the other side's ITRs and bank statements?

Yes. The court may direct a party to produce income tax returns, salary slips and bank statements, and may summon records directly from employers, banks and the income tax authorities. Privacy objections carry little weight because the documents go to the very issue the court must decide.

What happens if the respondent simply does not file?

Non-filing invites an adverse inference — the court may accept the claimant's estimate of income, fix maintenance on the standard of living disclosed by lifestyle evidence, and in appropriate cases strike off the defence of a party in persistent default of interim maintenance.

Does a self-employed respondent escape disclosure?

No. For self-employed respondents the court looks at GST filings, business bank accounts, loan applications — where income is often overstated — vehicle ownership and household expenditure. Courts also apply the principle that an able-bodied person is presumed capable of earning, so pleaded idleness does not cap maintenance.

Note: This article is general information about the law and is not legal advice. It does not create an advocate-client relationship. The position stated is as at 13 November 2026 and may have changed since. Readers should verify any provision or decision referred to against the official text and seek advice on their own circumstances.