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Husband's current income unknown
12-Feb-2026 (In Divorce Law)
I want mutual divorce but not yet talked to spouse who is unlikely to agree as he has to pay alimony which includes giving back my own money he spent. I was suggested to first send notice seeking amicable settlement and divorce n see if he agrees. But I don't know his income & assets, he always hidden it. I want to decide alimony based on his income. What to do ? How can I know his income before sending notice or before agreeing for mutual?
Hi there, in this situation you'll have to play smart.
You have two options:
1. File cases against him and then he'll be forced to submit an income affidavit after which you can request for mediation.
2. Based on the information available you can make a calculated guess of his income and ask for a pre-decided multiple of it.
It's advisable to contact me and provide more details to assist you better.
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Adv. Ishan Parashar
Delhi | 200+ Answers
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Sending a legal notice for amicable settlement will not go against you; rather, it reflects your genuine effort to resolve the dispute peacefully. Exact details of your spouse’s income may not be available before legal action, but if a case is filed, the court can direct both parties to disclose their income and assets through an affidavit. Any attempt to hide financial information may be viewed adversely by the court. Meanwhile, you may rely on available indicators such as lifestyle, employment, or property to assess a reasonable alimony. If mutual consent is not possible, you can pursue appropriate legal remedies to ensure proper financial disclosure.
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Adv. Nikhil Karwal
Delhi | 25+ Answers
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In case of alimony, court doesn’t solely rely upon the income of the parties, as there are chances it can be concealed on papers. Life style of the parties also plays a significant role in deciding the alimony cases. You only need to disclose your income to the court and court will call him upon to file his true income. However in case of mutual divorce, alimony is decided between the parties amicably. For any further query feel free to connect.
Thanks
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Adv. Bhawana Pandey
Delhi | 900+ Answers
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To uncover hidden assets for a mutual divorce, you should initiate a maintenance petition under Section 125 CrPC or Section 24 HMA. This legally mandates the filing of an Affidavit of Assets and Liabilities as per the Supreme Court's mandate in Rajnesh v. Neha. This court-monitored disclosure is vital to reveal true income for a fair alimony settlement. By his affidavit you will know all details of his/her asset. You can decide the amount of alimony accordingly
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Adv. Yash Ajmani
Delhi | 5+ Answers
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You have to approach the court for such evidence. This is the only legal way out there. Another issue with collecting evidence the other way around is that any evidence collected illegally is considered to be inadmissible in the court of law.
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Adv. Amardeep Singh
Delhi | 5+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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