In every maintenance case in India, both husband and wife have to file an affidavit disclosing their income, assets, liabilities and expenses. The Supreme Court made this compulsory in Rajnesh v. Neha, (2021) 2 SCC 324, and laid down the format. This free helper takes you through the questions in plain language and builds a draft you can print and take to your advocate.
Key facts
- Who files
- Both parties, in every maintenance case: the person asking for maintenance and the person asked to pay
- Which cases
- Maintenance under the Hindu Marriage Act, the Special Marriage Act, the Domestic Violence Act, Section 144 BNSS (earlier Section 125 CrPC) and similar laws, including interim maintenance
- The format
- Enclosure I to the judgment, in Parts A to K, followed by a declaration and verification
- Your privacy
- Everything you type stays in your browser. Nothing is saved or sent anywhere
Maintenance affidavit helper
Fill in what you know. Leave anything you are unsure about blank; it will appear as a blank line in the draft for you and your advocate to complete. Amounts are monthly, in rupees.
This builds a working draft in the order of Enclosure I. It is not a final affidavit. Your advocate should check it, the documents listed must be attached, and it must be sworn before an Oath Commissioner or Notary before filing.
What the affidavit is, and why it matters
Before 2020, maintenance cases often stalled for years while each side argued about the other’s income. In Rajnesh v. Neha, decided on 4 November 2020, the Supreme Court made a standard affidavit of disclosure compulsory in all maintenance proceedings, including applications for interim maintenance. The person asking for maintenance files it with the application, and the other side files it with the reply. The court then has both sets of figures before it from the start.
The same judgment set out the factors courts weigh in fixing the amount: the status of the parties, the reasonable needs of the wife and children, their qualifications and any income, the husband’s income and liabilities, and the standard of living during the marriage. Earlier, in Kalyan Dey Chowdhury v. Rita Dey Chowdhury (2017), the Court had treated 25 percent of the husband’s net salary as a reasonable benchmark. See how much maintenance a wife can get.
Tips for filling it in
- Be complete. Courts can draw an adverse inference against a party who hides income or assets, and a false affidavit can lead to prosecution.
- Keep expenses realistic. List what you actually spend each month and keep bills or bank entries that support the main items.
- Jewellery and stridhan. Describe what you received at and after the marriage and who has it now. It matters for the maintenance case and for any claim to get it back.
- About your spouse. Write what you know and how you know it: salary slips you have seen, property papers, a business card or company website.
- Collect the documents early. Three years of bank statements and three income tax returns take time to gather.
Frequently asked questions
Do I need to file this if I am the one asking for maintenance?
Yes. Both parties file it, the applicant as well as the respondent.
Does it apply to Muslim women?
Yes, in maintenance proceedings to which the judgment applies, such as an application under Section 144 BNSS (earlier Section 125 CrPC) or under the Domestic Violence Act. In 2024 the Supreme Court confirmed that a Muslim woman can claim maintenance under Section 125. See divorce rights of Muslim women.
I do not earn anything. What do I write in Part F?
Say so plainly, and mention any occasional or family support you receive. Leaving the part blank invites questions; stating “no income” with an explanation does not.
Can I file the draft this tool produces?
No. It is a working draft to save time. It needs to be checked, completed, printed on the required paper, signed and sworn, with the documents attached.
Consultations are by appointment at the chambers in Malwani MHADA, Malad (West). To fix a time, telephone +91 99301 50560 or send a message on WhatsApp.
General information, not legal advice. The draft follows the structure of Enclosure I to the judgment in a shortened, plain-language form; your court may require the full prescribed wording.