Counter-Affidavit on Income and Assets

The Counter-Affidavit on Income and Assets is not governed by a single statute but arises under the procedural framework of the Code of Civil Procedure, 1908 (Order XIX, Rules 1–3) and the specific provisions of personal laws that deal with maintenance. These include Section 125 of the Code of Criminal Procedure, 1973 (for summary maintenance), Section 24 of the Hindu Marriage Act, 1955 (for pendente lite maintenance), and Section 36 of the Special Marriage Act, 1954. The affidavit must comply with the rules of the respective High Court regarding form and verification.

The Counter-Affidavit on Income and Assets is filed in the Family Court or the Magistrate's Court having jurisdiction over the maintenance proceeding. There is no central government department that issues this affidavit; it is a court-filed document. The relevant court's website (e.g., the e-Courts portal at https://ecourts.gov.in) provides case status and cause lists but not the affidavit form itself. Your advocate will draft the affidavit based on the facts of your case.

The process begins when the petitioner files a maintenance application. The court issues notice to the respondent, who must then file a Counter-Affidavit on Income and Assets within the time allowed (usually 30 days). The affidavit must be sworn before a Notary or Oath Commissioner and must contain a detailed statement of:

• Income: salary slips, business accounts, rental income, agricultural income, and any other source.
• Assets: immovable property (land, house), movable property (vehicles, jewellery, bank balances, investments).
• Liabilities: loans, credit card dues, legal obligations.
• Expenses: monthly household expenditure, medical costs, children's education fees.

The affidavit must be verified and signed by the respondent. The court may cross-examine the respondent on the contents. A Maintenance Lawyer India can assist in drafting a precise affidavit to avoid adverse inferences.

There is no standard statutory form for a Counter-Affidavit on Income and Assets. However, most High Courts prescribe a format under the Family Courts Rules. The affidavit typically includes:

• Form of Affidavit: As per Order XIX, Rule 3 of CPC, the affidavit must be divided into paragraphs and numbered consecutively.
• Annexures: Copies of supporting documents such as salary slips, bank statements, property tax receipts, loan statements, and income tax returns (ITRs) for the last 3 years.
• Verification Clause: A statement that the contents are true to the deponent's knowledge and belief.

Your advocate will prepare the affidavit in the prescribed format of the court where the case is pending.

Any respondent who has been served with a maintenance petition is eligible to file a Counter-Affidavit on Income and Assets. There is no income threshold or other eligibility bar. The affidavit must be filed by the respondent personally or through a duly authorised representative. The court expects the affidavit to be a full and frank disclosure; deliberate concealment of income or assets can lead to adverse orders, including dismissal of defences or enhancement of maintenance.

The court typically grants 30 days from the date of service of notice to file the Counter-Affidavit on Income and Assets. Extensions may be sought on sufficient cause, but repeated delays may invite costs. The affidavit must be filed before the first hearing date or as directed by the court. No reported decision was found on this point.

The court fee for filing a Counter-Affidavit on Income and Assets is nominal and varies by state. Below is an indicative table of court fees in major states (subject to change):

Note: These are government-prescribed court fees only. Advocate fees are separate and not listed here.