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Stamp paper is not included with this agreement and is for illustration purposes only. If e -stamp is applicable in your city you can order it during checkout.
IN THE COURT OF........................ , ...................... COURT, ...................... DV NO. ....... OF 20..
IN THE MATTER OF:
ABC ...COMPLAINANT Versus
XYZ ...RESPONDENTS AFFIDAVIT
I, ???. , wife of ????.., daughter of ????., aged about ?? years, resident of ???????????., do hereby solemnly affirm and declare as under :-
PART - I
PERSONAL INFORMATION RELATING TO THE DEPONENT
|
S. No. |
Description |
Particulars |
|
1. |
Name |
............... |
|
2. |
Age |
........ years |
|
3. |
Residential Address |
..................................................... ..................................................... |
|
4. |
E-mail Address |
......................... |
|
5. |
Date of marriage |
......20.. |
|
6. |
Date of separation |
......20.. |
|
7. |
Educational qualifications |
.................... |
|
8. |
Professional qualifications |
................. |
|
9. |
Occupation |
. |
|
10. |
Monthly income (as mentioned at serial no.45) |
.................. |
|
11. |
Monthly expenditure (as mentioned at serial no.60) |
................... |
|
12. |
Whether you are assessed to Income Tax? |
Yes/No |
|
13. |
Whether you have sufficient income to support yourself? |
Yes/No |
|
14. |
If not, whether you have claimed maintenance from your spouse? |
Yes/No |
|
15. |
Whether you are staying at matrimonial home? |
Yes/No |
|
16. |
If not staying at matrimonial home, relationship and income of the person with whom you are staying. |
......................................................... ......................................................... ...................... |
|
17. |
Members of the family: (a) Dependent (b) Non-dependent |
.................................... |
|
18. |
Whether your spouse has claimed maintenance from you? If so, how much? |
N.A. |
|
19. |
Whether you have voluntarily paid or willing to pay maintenance to your spouse? If so, how much? |
N.A. |
|
20. |
Whether you are willing to pay litigation expenses to your spouse? If so, how much? |
Yes/No |
|
21. |
Particulars of pending litigation between the parties |
(i) ................................................... (ii)................................................... (iii) ........................................... |
|
22. |
Whether any maintenance order has been passed by any Court? If so, give particulars and attach copy of the order? |
Yes/No |
|
23. |
Whether the maintenance is being paid in terms of the aforesaid order? If so, file the statement of maintenance paid upto date |
Yes/No |
|
24. |
Expenses incurred on this litigation |
Approx. Rs. ........................... |
|
25. |
Particulars of the bank account with name and address of the bank for the purpose of payment from or receipt of maintenance, as the case may be. |
|
|
26. |
Name of your counsel and his/her ................................. |
|
|
|
mobile number and e-mail address |
..................................... Email: .............................. Ph. .............................. |
PART - II
RELEVANT INFORMATION RELATING TO THE SPOUSE
|
S. No. |
Description |
Particulars |
|
27. |
Educational and professional qualifications of your spouse |
|
|
28. |
Whether your spouse was/is earning? If so, give particulars of the occupation and income of your spouse. |
Yes/No |
|
29. |
Whether your spouse is staying at matrimonial home. If not, whether he/she is staying at his/her own accommodation or at a rented accommodation? If staying at a rented accommodation, what is the rent being paid by him/her? |
Yes/No |
|
30. |
Particulars of the assets and liabilities of your spouse |
Yes/No |
|
31. |
Do you have any documents relating to the income, assets and expenditure of your spouse? If so, give the particulars and attach copies thereof? |
Yes/No |
PART ? III
RELEVANT INFORMATION RELATING TO THE CHILDREN
|
S. No. |
Description |
Particulars |
|
32. |
Children from the marriage with their name and age |
Yes/No |
|
33. |
Who has the custody of the minor children |
|
|
34. |
Name and address of school(s) where the children are studying |
|
|
35. |
Who is bearing the expenditure of Children?s education |
|
|
36. |
How much expenditure has been incurred on the children?s maintenance and children?s education from the date of separation till now? |
|
|
37. |
If the children are in custody of your spouse, whether you have voluntarily paid or willing to pay the expenses for the children?s maintenance and education? If so, how much? |
|
|
38. |
Details of expenditure on children Amount |
|
|
(i) School/College fees |
|
|
|
(ii) Crech/Day Care/After school care |
|
|
|
(iii) Books/Stationery |
|
|
|
(iv) Private Tuitions |
|
|
|
(v) Pocket Money/Allowances |
|
|
|
(vi) Sports |
Guideline for Drafting an Income Affidavit Relating to Child Custody:
Introduction: Begin by explaining the purpose of the income affidavit, which is to provide a truthful and accurate account of the affiant's financial situation as it pertains to child custody proceedings.
Affiant Information: Include the affiant's full name, address, contact details, and their relationship to the child (e.g., parent, guardian).
Child's Information: Specify the child's full name, date of birth, and any relevant custody case or court reference numbers.
Financial Information: Provide a detailed breakdown of the affiant's income, including sources such as employment, self-employment, investments, and government assistance. Include income amounts, frequency, and any supporting documents, such as pay stubs or tax returns.
Expenses: Outline the affiant's monthly expenses, including housing, utilities, childcare, education, healthcare, and any other significant costs.
Debts and Obligations: Include information about outstanding debts, such as loans, credit card balances, and child support payments for other dependents, if applicable.
Assets: List all significant assets, such as real estate, vehicles, savings accounts, investments, and personal property.
Other Financial Resources: Disclose any additional sources of financial support, including spousal support or family assistance.
Sworn Statement: Include a statement in which the affiant swears or affirms under penalty of perjury that the information provided is accurate and complete to the best of their knowledge.
Signature and Notarization: The affidavit should be signed and dated by the affiant in the presence of a notary public or other authorized officer. The notary will then acknowledge the affiant's signature.
Common Mistakes to Avoid:
Incomplete Information: Ensure that all financial details are provided accurately, leaving no significant income, expense, or asset unreported.
False Statements: Avoid providing false information or exaggerating financial figures, as this can have legal consequences.
Failure to Update: If there are changes in your financial situation, promptly update the income affidavit to reflect the new information.
Lack of Notarization: Always have the affidavit notarized to validate its authenticity and legal standing.
Missing Deadlines: If the affidavit is required by a court or specific deadline, make sure to submit it within the specified timeframe.
Income affidavits relating to child custody are used in legal proceedings to assess a parent or guardian's financial ability to provide for a child's well-being. By following these guidelines and avoiding common mistakes, you can ensure that the income affidavit is a credible and valuable document in child custody proceedings, contributing to the court's decision-making process regarding the child's best interests.