Saya & Associates
Spouse's income unknown in a maintenance case? What you can still show
The common situation
After separation, one spouse pays the rent, school fees and medical bills, and has no idea what the other actually earns. Perhaps the other runs a business, works on contract or moves money through relatives.
That gap is normal, and the law expects it. The aim is to set out what you know, how you know it and what is missing, without guessing or crossing legal lines. This example is illustrative.
What the affidavit asks you about your spouse
The disclosure affidavit annexed to Rajnesh v Neha includes a section headed "Information provided by the Deponent with respect to the income, assets and liabilities of the other Spouse".
It asks about their qualifications, occupation, income and assets.
You verify that section as information believed to be true on the basis of the record, not as personal knowledge. So for each fact, note its source: a document you lawfully hold, something your spouse told you, or a public record.
| What you know | How you know it | How sure you are |
|---|---|---|
| Employer or business name | An offer letter, a business card, a public company record | Confirmed or approximate |
| Role and qualifications | Degree certificates, a professional profile | Confirmed or approximate |
| Property or vehicles | Documents in the home, joint purchases | Confirmed or suspected |
| Lifestyle and spending | Joint bills, travel, school fees they paid | Supported or recollection |
Marking a fact as approximate is better than presenting a guess as certain.
What your spouse has to disclose
The same affidavit requires the other side to disclose their own position, which tells you what to ask for if it is missing:
| If your spouse is | The affidavit asks for |
|---|---|
| Salaried in government service | Salary certificates or current pay slips, or proof of salary deposits |
| Salaried in the private sector | An employer's certificate of designation and gross monthly income, and Form 16 |
| Self-employed or in business | The nature and form of the business, their share in it, the last audited balance sheet and the last income tax return |
| An agriculturist | The land held, ownership records, crops and income from the land over the past three years |
When the disclosure looks incomplete
The Supreme Court in Rajnesh v Neha set out tools for a court faced with incomplete or doubtful disclosure:
| Tool | What the Court said |
|---|---|
| Time to file | The respondent files the affidavit within at most four weeks. Wilful, contumacious delay can lead to the defence being struck off, and the court may decide on the applicant's affidavit |
| Questions and documents | If a declaration is disputed, a party may seek permission to serve interrogatories and seek production of documents under Order XI of the Civil Procedure Code |
| The court's own powers | The court may question the parties under Order X of the Code or the court's power to put questions under the Evidence Act |
| Burden of proof | Because income is within the earning spouse's personal knowledge, the court may apply the rule that the burden of proving such a fact lies on that person |
| Adverse inference | Quoting an earlier Delhi decision, the Court noted that if the husband does not disclose his exact income, an adverse inference may be drawn |
| Estimation | Among factors it quoted from the Delhi High Court: some guesswork is not ruled out when all sources of income are not disclosed |
| False statements | A false statement can lead to proceedings for perjury and contempt |
The burden-of-proof rule is now section 109 of the Bharatiya Sakshya Adhiniyam, 2023. For the disclosure process itself, see our guide to financial disclosure in a maintenance case.
Set out your own finances fully
The disclosure obligation applies to you too. Prepare your own income, expenses, liabilities and any support from relatives accurately, and say whether that support is a gift or a loan.
Use separate columns for each expense, its amount, how often it falls due, who pays now and the supporting record. Show annual fees as annual, so they are not counted twice when converted to a monthly figure.
Keep children's costs separate from adult costs, and mark estimates honestly. A verified figure and a recollection should never look the same.
Stay within lawful limits
Do not log into your spouse's email, banking app or phone, or ask someone else to.
Accessing a computer system or copying data without the owner's permission can lead to a compensation claim under section 43 of the Information Technology Act.
If you hold documents that came into your hands in the ordinary course, such as joint statements or papers left at home, tell your lawyer how you came to have them. Do not post financial records or children's details online.
Preparing when your spouse's income is unknown
- Write a short chronology. Note the marriage, separation, job changes, and when support started or stopped.
- List what you know about their income. Record each fact about their work, business, property and spending, with its source.
- Mark the gaps. Note what you do not know, and which document would answer it.
- Prepare your own disclosure. Set out your income, expenses, liabilities and support from relatives, with records.
- Collect existing orders and payments. Bring earlier applications, orders and a record of what has been paid.
- Ask about the court's tools. Discuss with your lawyer whether interrogatories or production of documents will be needed.
Frequently asked questions
Can I file for maintenance without my spouse's salary slips?
Yes. Set out what you know, with sources, in the part of the disclosure affidavit about the other spouse. Your spouse must then disclose their own income, and the court can call for documents.
What if my spouse says they have no income?
The court can test that. Citing an earlier decision, the Supreme Court in Rajnesh noted that the onus is on the husband to show with material that he cannot maintain the family, and that non-disclosure can lead to an adverse inference.
Can the court estimate my spouse's income?
It can. Among the factors the Supreme Court quoted in Rajnesh, some guesswork is not ruled out when all the sources of income are not disclosed. Your evidence of lifestyle and earnings helps it do so.
Is maintenance a fixed percentage of salary?
No. The Supreme Court said there is no straitjacket formula. The court weighs the parties' status, reasonable needs, independent income and the standard of living in the marriage, among other factors.
Can I use my spouse's bank statements that I found at home?
Tell your lawyer exactly how you came to have them before using them. Never access accounts or devices without permission, and never alter or create documents.
The takeaway
List what you know about your spouse's income, how you know it and what is missing, then let the disclosure process and the court's powers fill the gaps. Prepare your own disclosure just as carefully.
To discuss a maintenance case, contact Saya & Associates with a short chronology and any existing order.
This article provides general information on Indian maintenance law as at 4 November 2026. Entitlement, disclosure requirements and amounts depend on the applicable law, the evidence and the court's directions. It is not legal advice.