Assets and Liabilities Affidavit Format (Maintenance / Family Court) (2026)
The income and assets-and-liabilities affidavit now required in maintenance cases after Rajnesh v Neha: what it must disclose, who files it, a template, how to fill it, where to file it, and common mistakes. Last verified October 2026.
Format · Family Law · Maintenance
Maintenance used to be fixed on guesswork, because one side exaggerated needs and the other hid income. The Supreme Court changed that in Rajnesh v Neha: both sides must now file a sworn affidavit disclosing their assets, liabilities, income, and expenses. This guide explains what that affidavit must disclose, who files it, and how. It gives a template, how to fill it, where to file it, and the mistakes that get maintenance orders delayed. Last verified October 2026.
- What: a sworn affidavit disclosing income, assets, liabilities, and expenses, filed in maintenance cases.
- Why: the Supreme Court in Rajnesh v Neha (2020) made a uniform disclosure affidavit mandatory to stop guesswork.
- Who: both the applicant and the respondent file it, including in cases pending when the judgment came.
- Back it up: attach salary slips, income tax returns, and bank statements; a false disclosure risks perjury action.
01Why this affidavit is now required
In Rajnesh v Neha (2020), the Supreme Court found that maintenance was often fixed on scanty material: the applicant tended to exaggerate needs, and the paying spouse tended to conceal income. To fix this, the Court made a uniform Affidavit of Disclosure of Assets and Liabilities mandatory in all maintenance proceedings across the country.
So the affidavit is not an optional extra. It is a sworn, standardised disclosure that lets the court decide maintenance on real figures. Courts now expect it, and have declined or delayed fixing maintenance where it is not filed.
After Rajnesh v Neha, maintenance is decided on a sworn disclosure of income and assets from both sides, not on pleadings and guesswork.
02Who must file it, and when
Both parties file it. The applicant files the affidavit along with the maintenance application, and the respondent files a reply along with their own affidavit of disclosure. The requirement applies to maintenance claims under the various laws, including proceedings before Family Courts, District Courts, and Magistrates.
The Court directed that the affidavit be filed in all maintenance proceedings, including those already pending when the judgment was delivered. The judgment annexed standard formats (described as enclosures), with versions suited to different situations, such as salaried and self-employed persons, and urban and rural deponents.
03What it must disclose
The affidavit must give a full and honest picture of the deponent's finances. It typically covers:
- Personal details: name, age, qualifications, employment, and dependants.
- Income: salary or business income, with supporting documents such as salary slips or income tax returns.
- Assets: immovable property, vehicles, bank accounts, investments, and valuables.
- Liabilities: loans, EMIs, and other debts.
- Monthly expenses: rent, education, medical, and living costs.
- Other proceedings: any other maintenance already being paid or received, and other legal cases.
Because it is sworn, a false disclosure can lead to action for perjury and can weigh against the party in the case.
04The affidavit template
Use this skeleton and adapt it to the format your court uses after Rajnesh v Neha. Replace the text in square brackets.
IN THE FAMILY COURT AT [PLACE]
(or BEFORE THE [COURT] AT [PLACE])
[Case / Petition No. ______ of 20__]
[Applicant] vs [Respondent]
AFFIDAVIT OF DISCLOSURE OF ASSETS AND LIABILITIES
I, [name], aged [__], [occupation], resident of
[address], do solemnly affirm and state:
A. PERSONAL DETAILS
1. Age, qualification, and occupation: [ ]
2. Dependants and their ages: [ ]
3. Date of marriage and date of separation: [ ]
B. INCOME
4. Monthly / annual income from salary / business: [ ]
5. Income from other sources (rent, interest): [ ]
6. (Attach salary slips / income tax returns / bank
statements.)
C. ASSETS
7. Immovable property (with value): [ ]
8. Vehicles: [ ]
9. Bank accounts, deposits, investments: [ ]
10. Jewellery and valuables: [ ]
D. LIABILITIES
11. Loans and EMIs: [ ]
12. Other debts: [ ]
E. EXPENSES
13. Monthly household, rent, education, medical: [ ]
F. OTHER
14. Maintenance already paid / received: [ ]
15. Other legal proceedings: [ ]
I state that the above disclosure is true, complete, and
correct to the best of my knowledge, and that I have
concealed nothing.
DEPONENT
VERIFICATION
Verified at [place] on [date] that the contents are true
and correct and nothing material has been concealed.
DEPONENT05How to fill it, step by step
- Use your court's format based on the Rajnesh v Neha enclosures, choosing the version that fits (salaried, self-employed, urban, or rural).
- Disclose income fully, and attach proof such as salary slips, income tax returns, and bank statements.
- List all assets and liabilities, including property, vehicles, deposits, loans, and EMIs.
- Set out monthly expenses honestly, with a basis for each figure.
- Declare other maintenance being paid or received, and any other cases.
- Swear and verify the affidavit before the authority your court accepts, and attach the supporting documents.
06Where to file it
File the affidavit in the court hearing the maintenance proceeding: the Family Court, District Court, or Magistrate's court, depending on where the maintenance claim is pending. The applicant files it with the application, and the respondent files it with the reply.
Attach the supporting documents, because a bare affidavit without proof of income carries little weight. If financial details change during the case, an updated affidavit may be required.
07Common mistakes
- Understating income or hiding assets, which can lead to perjury action and hurt the case.
- Filing without supporting documents, so the figures cannot be tested.
- Leaving fields blank instead of stating "nil" or "not applicable".
- Not disclosing other maintenance already paid or received.
- Using the wrong enclosure for the deponent's situation.
- Not updating the affidavit when finances change during the case.
08Where Claw fits
Claw is an all-in-one legaltech platform for Indian advocates, law firms, and corporate legal teams, combining AI-based case search, an AI legal assistant (Legal GPT), case management, and compliance automation across all Indian courts and tribunals.
Maintenance is decided inside a live family matter, and the law on it is shaped by judgments like Rajnesh v Neha. Claw searches 30 crore+ judgments with results in under 5 seconds, and tracks cases, orders and hearings across 9,102 courts, benches and forums. So you can research how courts have applied the disclosure requirement and fixed maintenance, and follow the matter by party or advocate name.
Claw does not use customer case documents to train AI models. Create a FREE Claw account to track the case by party or advocate name. To research the wider body of law, see case search across Indian courts.
09Sources and further reading
- Supreme Court of India (Rajnesh v Neha judgment and enclosures): main.sci.gov.in
- eCourts (Family Court case status): districts.ecourts.gov.in
- Claw: clawlaw.in
This guide is general information, not legal advice. The exact affidavit format and local practice vary by court, so use your court's current format and take advice from counsel before you file.
10Frequently asked questions
What is the assets and liabilities affidavit in maintenance cases?
It is a sworn statement of a party's income, assets, liabilities, and monthly expenses, filed in a maintenance proceeding. The Supreme Court in Rajnesh v Neha (2020) made a uniform format of this affidavit mandatory, so maintenance is decided on real figures.
Who has to file the disclosure affidavit?
Both sides. The applicant files it with the maintenance application, and the respondent files their own affidavit with the reply. The requirement applies in all maintenance proceedings across Family Courts, District Courts, and Magistrates, including cases pending when the judgment was delivered.
What documents should be attached?
Proof of income and assets, such as salary slips, income tax returns, bank statements, and details of property, vehicles, deposits, loans, and EMIs. A bare affidavit without supporting documents carries little weight.
What happens if someone hides income in the affidavit?
Because the affidavit is sworn, a false or incomplete disclosure can lead to action for perjury and can weigh against that party when the court fixes maintenance. Courts can also draw an adverse inference against a party who conceals income.
Where is the affidavit filed?
In the court hearing the maintenance proceeding: the Family Court, District Court, or Magistrate's court where the claim is pending. If financial details change during the case, an updated affidavit may be required.
Can I research maintenance case law in Claw?
Yes. Claw searches 30 crore+ judgments with results in under 5 seconds and tracks cases across 9,102 courts, benches and forums, so you can research how courts applied the disclosure requirement and follow a matter by party or advocate name. It tracks and researches the case but does not give legal advice.