Maintenance Is Not Issued As Hubby Filed Only 1 Year Bank Statement

644 votes

In a maintenance case, the husband cannot selectively disclose only one year’s income if his business is older. The wife can file a proper application before the court seeking direction for full disclosure of income. She may pray for summons to the bank for past statements, GST returns, Income-tax returns, balance sheets, and business registration records from 2023 onwards. The court has power to call such documents directly from banks and authorities. Google records, website details, GST portal data, and lifestyle evidence can also be relied upon to show actual earning capacity. Suppression of income can be argued, and adverse inference may be requested against the husband’s affidavit.

Advocate Vinod Todiwan LawRato

914 votes

Yes, the wife should take immediate legal steps. In maintenance cases, it is common for the husband to understate income or file selective documents. If he has filed only 2025 bank statements despite running a business since 2023, the wife should not rely only on Google history—she should get court-backed proof. What the wife should do (strong, practical steps) File an Application for Disclosure / Production of Documents Ask the court to direct the husband to produce: bank statements for all accounts (savings/current) from 2023 till date Income Tax Returns (ITR) for last 3 years + computation GST returns (GSTR-1, GSTR-3B) if business is registered Business registration documents (Shop Act, MSME/Udyam, IEC, etc.) Balance sheet / P&L / audited reports (if any) Credit card statements, loan statements, EMIs, and major expenditures Summon records directly from bank / authorities (best method) Yes—she can file an application to issue court summons to: his bank branch / bank nodal officer for certified statements (2023 onwards) GST department (if GSTIN exists) Registrar of Companies (if it’s a company) for filings and directors’ details This is stronger than asking him to “voluntarily” submit papers. Ask the court to treat suppression seriously (adverse inference / perjury) Since he filed an affidavit with incomplete disclosures, your lawyer can: seek adverse inference against him for hiding income request the court to direct him to file a proper affidavit of assets & liabilities (common in maintenance matters) if intentional falsehood is proved, take steps for false affidavit / perjury action (this is strategic—your lawyer will decide timing) Collect independent evidence (supportive but not enough alone) website screenshots, Google business profile, invoices, client testimonials social media posts showing business activity photos of office, staff, stock, shop proof of lifestyle: car, travel, rent, school fees, property, etc. These support the case, but bank/GST/ITR records are the real backbone. Why legal help is urgent If she doesn’t move these applications early, the court may decide interim maintenance based only on what is currently filed. Once an order is passed, changing it later becomes harder and slower. A lawyer will ensure: correct applications are filed correct authorities are summoned and the husband’s false disclosure is properly challenged on record Conclusion: Yes, she should file an application to summon bank statements and related business records. This is not a “simple query” case—she should immediately consult a lawyer to avoid losing interim maintenance or receiving a much lower amount based on incomplete disclosure.

Advocate Bhumika Vijay Bajaj LawRato

992 votes

In a maintenance case, the husband cannot disclose only one year’s bank statement when his business has been running since 2023, as he is legally required to make full and truthful income disclosure. Filing an affidavit with incomplete financial records amounts to suppression of facts. The wife may place prima facie evidence of the business’s existence since 2023 on record and file an application for discovery and production seeking directions to produce all bank statements, GST returns, and income tax records from 2023 onwards, or for the court to summon the same directly from the banks, and the court may draw adverse inference and assess maintenance based on earning capacity.

Advocate Moksh Jain LawRato

732 votes

Wife can file an application for discovery and production of documents to compel the husband to submit bank statements from 2023 onwards, ITRs, and GST filings to prove business activity and income as per the concerned provisions of law.

Advocate Pankaj Bajaj LawRato

678 votes

File an application for production of documents (ITRs/Bank statements since 2023) and summon bank records. Cross-examine him on business registration and use his Google profile as corroborative proof.

Advocate Pankaj Bajaj LawRato