What documents are required to claim maintenance?

If you are claiming maintenance during a divorce, the court will decide the matter based on evidence, not just allegations. Submitting complete and accurate documents helps the court assess the financial position of both parties and decide a fair amount of maintenance.

Essential Documents

1. Marriage Proof

·      Marriage certificate, or

·      Wedding photographs, invitation cards, or other proof of marriage.

2. Identity and Address Proof

·      Aadhaar Card, Passport, Voter ID, or any other valid identity proof.

·      Current address proof.

3. Income Proof of the Applicant

·      Salary slips (if employed)

·      Bank statements (last 6–12 months)

·      Income Tax Returns (if filed)

If unemployed, an affidavit stating the same.

4. Income Proof of the Respondent (if available)

·      Salary slips or appointment letter

·      Bank statements

·      Business income details

·      Income Tax Returns

Even limited financial information can help the court assess the respondent's earning capacity.

Income and Expense Affidavit

Family courts often require an Income, Assets and Expenditure Affidavit. It generally includes:

·      Monthly income from all sources

·      Assets and liabilities

·      Household expenses

·      Loans and financial obligations

Providing false information may adversely affect the case.

Expense-Related Documents

You should also keep documents relating to your monthly expenses, such as:

·      Rent agreement

·      Utility bills

·      Medical bills

·      Children's school fee receipts and education expenses

Additional Supporting Documents

Where applicable, you may also submit:

·      Medical records

·      Proof of lifestyle during marriage

·      Loan repayment documents

·      Previous maintenance orders

Ø  What If the Other Party Hides Documents?

If a party deliberately conceals income or assets, the court may draw an adverse inference, assess maintenance based on earning capacity, or pass appropriate orders based on the available evidence.

Thus, proper documentation is essential in a maintenance case. Complete and honest financial disclosure helps the court determine a fair amount of maintenance and reduces unnecessary delays in the proceedings.