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Need to show my parents as dependent- Need to submit income affidavit
25-May-2025 (In Divorce Law)
My wife has filed a false domestic violence case against me & asked for maintenance.
I have been asked by the court to submit income affidavit along with other supporting documents. I want to show my Senior Citizen non-working parents as dependents on me.
In this case, Do I need to submit their bank statements & Income Tax Returns in the court ? Please confirm.
There is a column in the income affidavit itself where you can mention your dependents in details and also their expenditures. And only your bank statement and income tax return details will be submitted in the court. For more legal assistance I am just a call away.
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Adv. Jitender Singh
Delhi | 1000+ Answers
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In a maintenance case, the court evaluates your overall financial capacity, including dependents. To show that your senior citizen parents are financially dependent on you, you may mention their age, health status, and the fact that they have no independent income. While it is not mandatory to submit their bank statements or ITRs, doing so can strengthen your claim. However, ensure their consent before disclosing any such documents. If they do not file ITRs or have negligible bank balances, a supporting affidavit from them or a medical certificate showing dependence can be used.
Further, if you believe the domestic violence case is false and has been filed with malicious intent, you may explore the option of getting the FIR quashed under Section 482 CrPC by filing a petition before the High Court. Courts have quashed such proceedings in the past when misuse of law is established.
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Adv. Khalid Akhtar
Delhi | 50+ Answers
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Filing of Income Affidavit in a Maintenance case is mandatory as per the latest Judgment of Rajneesh vs Neha passed by the Hon’ble Supreme Court of India. You can show your parents as dependents. No you would not be required to file their Bank Statements and ITR.
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Adv. Anubhav Kathuria
Delhi | 1000+ Answers
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No. You can simply exhibit the same through your bank statements ( which need to be mandatorily attached ) and highlight expenses made on their account. For further details please feel free to reach out
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In such a case your submissions can be sculpted smartly to show that there is hardly any dv case made out. Specifically yes your parents bank statement etc can be called out, however if the dv case is specifically against you, you can deny the statements. Moreover get a dv case filed by your mother against your wife Asap to ensure balance in the case
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Adv. Vikas Sharma
Delhi | 200+ Answers
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