Not filing Income and Liability Affidavit

Question

Not filing Income and Liability Affidavit

02-Mar-2025 (In Divorce Law)

My wife is resident of Vijayapura hiding her address and not appear in Court to file the Income and Liability Affidavit. She intends to hide her income and continue to recover Order of Maintenance passed in year 2007 for life. It is not possible even to stay the recovery proceedings due to biased laws. I stay in Maharashtra and practically impossible to trace her or find her income. Detective are mostly fraud and waste of money. What options have I got to cancel maintenance Order.?

Answers (5)

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Adv. Pankaj Bajaj Adv. Pankaj Bajaj

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Advocate Prerna Shukla LawRato · Accepted Answer · 2025-03-02T22:48:29+05:30

Answer #2

If you are aggrieved of non - appearance of your wife before the Court then you must apply to the Court for producing her income and liability Statement. Also, there are many other ways also to have make her appear in Court. Feel free to contact me for seeking any legal advice as regards the same.

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Advocate Kalpana Sanap LawRato · Accepted Answer · 2025-03-03T13:11:42+05:30

Answer #3

Dear client based on your question, it is suggested that if you think that your wife is hiding her income then first you need to gather some evidence about her income then you can file a petition before the court. For further guidance feel free to contact us.

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Advocate Vikrant C Deshpande LawRato · Accepted Answer · 2025-03-03T15:21:55+05:30

Answer #4

You can file an application in the court under Section 127 CrPC for cancellation or modification of the maintenance order by providing proof that your wife has independent income. If she is avoiding court, you may request the court to summon her or take legal action for non-compliance. You can also file an RTI or approach the Income Tax Department to gather financial records if needed.

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Advocate Kiran Ashok Gangurde LawRato · Accepted Answer · 2025-03-03T16:08:42+05:30

Answer #5

You have legal remedies to challenge the continuation of the maintenance order. Since the order was passed in 2007, you can file an application under Section 127 CrPC for cancellation or modification of maintenance, citing a change in circumstances. You need to argue that your wife has independent income or is intentionally evading court proceedings to hide her financial status. Since she is not appearing in court or disclosing her income, you can move an application before the same court directing her to file an Income and Liability Affidavit. If she continues to remain absent, you may request the court to proceed ex-parte and consider this as a ground for non-cooperation. Additionally, you may file an RTI with relevant government departments (such as the Income Tax Department or local municipal body) to gather information on her employment or property ownership. If she is employed, you can request the court to summon her employer to verify her salary. If you suspect she has remarried, that can also be a ground for cancellation of maintenance. If required, approach the High Court under a writ petition for fair consideration of your case.

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