Saya & Associates
Maintenance case in Delhi: which financial records matter?
A payment is not the whole story
A bank transfer may prove that money moved. It may not show whether it covered rent, a child's fees, a shared loan or something unrelated to the dispute.
In a maintenance case, the context of a payment can matter as much as the transaction itself.
People often start with a folder of screenshots and a broad statement about what the other person earns or spends. A better start is a dated account backed by records the person is entitled to hold.
What Rajnesh v Neha requires
On 4 November 2020, the Supreme Court made an Affidavit of Disclosure of Assets and Liabilities mandatory in all maintenance proceedings, including pending ones, before Family Courts, District Courts and Magistrates' Courts.
The judgment drew on the Delhi High Court's earlier work: in Kusum Sharma, that court had consolidated a disclosure format for maintenance cases. The Supreme Court's format now applies across the country.
| Direction | What it means |
|---|---|
| Who files | Both parties, in the format annexed to the judgment |
| The applicant | Files a concise application with the affidavit |
| The respondent | Files the reply with the affidavit within a maximum of four weeks; courts may not grant more than two opportunities |
| Delay | Wilful, contumacious delay can lead to the respondent's defence being struck off |
| Changes | A party may file an amended or supplementary affidavit if finances or circumstances change |
| False statements | The court may start proceedings for false statements and for contempt |
| Exemption | Parties from economically weaker sections, below the poverty line or working as casual labourers need not file it |
The court may modify the format where a case requires it, and may order further information. If a declaration is disputed, a party may seek interrogatories and production of documents under Order XI of the CPC.
Maintenance runs from the date of application
The Court directed that maintenance in all cases be awarded from the date the application is filed. Delay in the proceedings should not leave a dependent spouse without support.
Maintenance can be claimed under several laws, including the Hindu Marriage Act, the Hindu Adoptions and Maintenance Act, the Domestic Violence Act and section 144 of the BNSS, formerly section 125 CrPC.
Where claims are made under different laws, the court considers adjusting or setting off earlier awards. The applicant must disclose previous proceedings and orders, and any change to an earlier order is sought in that same proceeding.
Build a chronology before making a claim
Start with four dates: marriage, separation, any change in living arrangements, and the start of the proceedings. Then make a monthly table of regular income and major expenses before and after the change.
Keep the table factual. It is a working record, not a substitute for the court affidavit.
For each entry, note the source: a fee receipt, rental agreement, invoice or account statement. Label each transfer with its date, recipient and stated purpose where that can be established. Mark estimates as estimates.
Records commonly worth organising include:
- income documents and tax records available to you;
- bank statements for accounts you lawfully control;
- rent, housing and household-expense records;
- children's education, care and medical expenses, where relevant;
- loan and other liability records; and
- earlier maintenance orders and proof of payments made under them.
Review the affidavit and supporting material for the particular case. Do not upload a private file to a public service or circulate intimate family records casually.
Do not turn a document exercise into a new dispute
Do not alter messages, crop a screenshot misleadingly, access another person's accounts or assume a document is authentic because it appeared in a shared chat. Keep original files and the context in which they arrived.
If a record is missing, say so and take advice on the proper way to obtain it. The court can order production, and it can call on the spouse who knows the income to explain it.
Prepare the disclosure
- Fix the key dates. Record the marriage, separation, any change in living arrangements and the start of proceedings.
- Build a monthly table. Set out regular income and major expenses before and after separation.
- Attach a source to each figure. Link every entry to a receipt, statement, agreement or invoice, and mark estimates.
- List earlier proceedings. Note every previous maintenance case, order and payment, because the court must be told.
- Draft the disclosure affidavit. Complete the Rajnesh v Neha format with counsel, supported by the records.
- Update when things change. File a supplementary affidavit if income, housing or other circumstances change.
Frequently asked questions
What is the Rajnesh v Neha affidavit?
An Affidavit of Disclosure of Assets and Liabilities that both parties must file in maintenance proceedings, in the format annexed to the Supreme Court's judgment of 4 November 2020.
How long does the respondent have to file the affidavit?
A maximum of four weeks, with the reply. Courts may not grant more than two opportunities, and wilful delay can lead to the defence being struck off.
From when is maintenance payable?
From the date the maintenance application is filed, as the Supreme Court directed in Rajnesh v Neha.
What if my income changes after filing?
File an amended or supplementary affidavit. The court considers it at the time of final determination.
What if the other side hides income?
Disputed declarations can be tested through interrogatories and production of documents. The court can call on the spouse who knows the income to explain it, and false statements can lead to further proceedings.
The takeaway
Before arguing about an amount, ask whether each important financial statement can be traced to a date, a document and an explanation. A clear record does not guarantee an outcome, but it makes disclosure and advice reliable.
For what to do when a matrimonial summons first arrives, see our first-hearing guide. To discuss a maintenance case, contact Saya & Associates.
This article provides general information as at 28 September 2026, not advice on any marriage or proceeding. The applicable law, disclosure format and court directions should be checked for the particular case.