Maintenance and alimony related query

Question

Maintenance and alimony related query

30-Jun-2026 (In Divorce Law)

1. Are husband and wife both required to provide all bank account details in Income affidavit (as per Rajnish vs Neha SC judgement) ? 2. Is wife required to provide joint bank account details in Income affidavit (as per Rajnish vs Neha SC judgement) ? (where wife mother first holder and wife second holder in joint bank account)

Answers (5)

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LawRato LawRato · Accepted Answer · 2026-06-30T12:35:33+05:30

Answer #2

Yes. Under the affidavit format prescribed in the Rajnish v. Neha judgment, both husband and wife are expected to disclose all bank accounts and financial details honestly. If the wife is a holder (even as the second holder) in a joint bank account with her mother, it should generally be disclosed in the affidavit, along with clarification regarding its nature and operation.

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Advocate Rajesh Ramprasad Jaiswal LawRato · Accepted Answer · 2026-06-30T18:06:38+05:30

Answer #3

Yes... now it is binding on both parties to submit before court details personal source of income, property and other on affidavit... Its debatable and arguably that wife holding joint account with her mother, mother can say it's my amount nominals I open joint account...

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Advocate Sanket Ganpat Khamkar LawRato · Accepted Answer · 2026-07-01T02:04:31+05:30

Answer #4

As per the Supreme Court judgment in Rajnesh vs. Neha, both husband and wife are required to make a full and truthful disclosure of their income, assets, liabilities and bank accounts in the Income Affidavit. The purpose is to enable the Court to fairly determine issues relating to maintenance and financial capacity. Any concealment or false disclosure may adversely affect the case. If the wife is a joint holder in a bank account, even where her mother is the primary holder, she should disclose the existence of such account in the affidavit if she has any legal interest, operational rights or financial benefit from it. Whether the Court will consider the balance in that account as her own depends on the facts, source of funds and evidence placed on record.

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Advocate Pankaj Bajaj LawRato · Accepted Answer · 2026-07-01T18:08:28+05:30

Answer #5

As per Rajnesh v. Neha, both spouses must fully and truthfully disclose all bank accounts in the income affidavit. This includes joint accounts where the wife is a holder, if she has an interest or authority.

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