Documents Required for Maintenance Case During Divorce – Complete Family Court Checklist
This article is published by The Legal Warning India and written by Advocate Uday Singh.
Information is based on family court practice, statutory provisions, and publicly available judicial guidelines.
Why Documents Matter the Most in Maintenance Cases
In a divorce-related maintenance case, courts rely more on documents than allegations. Whether it is interim maintenance or permanent alimony, the decision largely depends on income proof, expenses, and financial disclosure by both parties.
Incomplete or incorrect documents are one of the main reasons for delay or rejection of maintenance applications.
Maintenance During Divorce – Legal Background
Maintenance during divorce is commonly claimed under Section 24 of the Hindu Marriage Act (interim maintenance and litigation expenses). The applicant must show that they do not have sufficient independent income.
If you are new to the process, first understand:
How to File Interim Maintenance Application in a Divorce Case
Primary Documents Required for Maintenance Case
1. Marriage Proof
- Marriage certificate, or
- Wedding photographs, invitation cards, affidavits
2. Identity & Address Proof
- Aadhaar card / Passport / Voter ID
- Current residential address proof
3. Income Proof of Applicant
- Salary slips (if working)
- Bank statements (last 6–12 months)
- ITR (if filed)
If the applicant is unemployed, an affidavit stating the same is required.
4. Income Proof of Respondent (If Available)
- Salary slips / appointment letter
- Bank statements
- Business income details
- ITR copies
Even partial information helps the court assess earning capacity.
Income & Expense Affidavit – Most Important Document
Family courts usually require a detailed Income, Assets & Expenditure Affidavit.
This affidavit discloses:
- Monthly income from all sources
- Movable and immovable assets
- Loans and liabilities
- Monthly household expenses
False disclosure can seriously damage credibility and may attract legal consequences.
Expense-Related Documents
- House rent agreement
- Electricity, water, mobile bills
- Medical bills
- Children’s school fees and expenses
These documents help the court understand actual monthly needs.
Additional Supporting Documents (If Applicable)
- Medical records (if health issues are claimed)
- Proof of lifestyle during marriage
- Loan repayment schedules
- Any prior maintenance orders
What If the Other Party Hides Documents?
If the respondent deliberately conceals income or assets:
- The court may draw adverse inference
- Maintenance may be fixed on earning capacity
Related reading:
What Happens After Documents Are Filed?
Once documents and affidavits are filed:
- Opposite party files reply and counter affidavit
- Court compares income and expenses
- An interim maintenance order may be passed
If maintenance is not paid after the order, enforcement proceedings may follow.
Read more:
Common Mistakes to Avoid
- Submitting incomplete bank statements
- Hiding side income or assets
- Inflating expenses without proof
- Ignoring court directions
Conclusion
Documents form the backbone of any maintenance case during divorce. Honest disclosure, proper documentation, and timely filing significantly improve the chances of fair maintenance orders.
Courts focus on facts, not assumptions.
This article is for general legal information and awareness purposes only. It does not constitute legal advice or solicitation. Communication is purely informational, in compliance with Bar Council of India Rule 36.
