- 19-Sep-2025
- Elder & Estate Planning law
In maintenance proceedings, one of the key aspects that the court needs to evaluate is the paying parent’s financial capacity. This often includes assessing the parent’s income, assets, and ability to pay the maintenance amount. To ensure financial transparency and to avoid misrepresentation, a court may compel the paying parent to disclose their bank statements or other financial records. This process is crucial to accurately determining the correct amount of maintenance that should be paid, and to ensure that the custodial parent and child’s needs are met.
Under Section 125 of the CrPC, a person who neglects or refuses to provide maintenance to their spouse or children can be compelled by the court to do so. The court has broad powers to ensure that the maintenance amount is fair and adequate. If a parent is required to pay maintenance, the court can order that the parent disclose their income to assess their ability to pay. This may include bank statements, income tax returns, and other relevant financial documents to determine if the parent is underreporting their financial capacity.
In maintenance cases, financial disclosure ensures that the parent obligated to pay is not hiding income or assets to avoid paying a fair amount of support. Courts may request documents like bank statements to check the parent’s true income and verify if they are capable of making the required payments.
Under the Hindu Adoptions and Maintenance Act, a person’s financial responsibility towards their child or spouse can extend beyond basic needs, including maintaining a certain standard of living. In these cases, the court has the authority to order the person to provide relevant financial documents, including bank statements, to assess the correct amount of maintenance.
Bank statements help the court determine whether the paying parent has been hiding income or assets that could affect the maintenance amount. For instance, if the paying parent claims they are unable to pay but their bank statements show large deposits or unexplained transactions, the court may infer concealment of assets or an attempt to evade the maintenance obligation.
Bank statements provide insight into the paying parent’s income and financial transactions. By examining deposits, salary credits, or business earnings, the court can determine if the paying parent is underreporting their income or attempting to hide financial resources.
In addition to income, bank statements can also provide evidence of the parent’s assets, such as savings, investments, and property. This is especially important in cases where the paying parent may be claiming financial hardship but has substantial savings or luxurious spending habits. The court can assess the true financial condition of the paying parent, ensuring that the child or custodial parent receives fair support.
If the paying parent claims that they have limited means but their bank records show significant withdrawals or transfers, the court can question the authenticity of their claims. Such financial discrepancies may indicate the parent’s attempt to evade the support obligation or hide their true financial situation.
In some cases, parents may try to evade child support by transferring money to third parties or using undisclosed accounts. Through bank statement disclosures, the court can track these transactions and prevent financial concealment.
By reviewing the bank statements, the court can also assess the paying parent’s standard of living. For example, if the paying parent is spending lavishly on personal expenses but refuses to pay adequate maintenance, the court may use the evidence to increase the maintenance amount, ensuring that the child or spouse does not suffer due to the paying parent’s excessive spending habits.
The court has the power to order the paying parent to submit various financial records, including bank statements, in order to accurately assess their ability to pay maintenance. In cases where the paying parent is not transparent with their financial situation, the court can also ask for income tax returns, salary slips, and property declarations.
If the paying parent refuses to provide bank statements or other relevant financial documents, the court can infer that they are attempting to hide their true financial situation. In such cases, the court can issue orders to compel the disclosure of financial records, and non-compliance may lead to contempt of court or an increase in maintenance orders.
Failure to disclose complete financial information can result in the court estimating the income of the paying parent based on available evidence. This may lead to the paying parent being ordered to pay higher maintenance amounts to reflect their actual financial capabilities.
Ravi and Priya are divorced, and Ravi is obligated to pay ₹25,000 per month in maintenance for their two children. Priya has filed a petition claiming that Ravi’s income has increased, but he is still paying the same amount. Ravi, on the other hand, claims that he is struggling financially.
In maintenance proceedings, a court can compel a parent who is required to pay child support or maintenance to disclose their bank statements and other financial records. This is crucial to ensure financial transparency and to prevent the parent from hiding their actual income or assets. By reviewing these financial documents, the court can accurately determine the parent’s ability to pay and ensure that the child’s and custodial parent’s needs are properly met. Financial disclosures, including bank statements, are a critical tool in ensuring that the maintenance amount is fair, and they help prevent any attempts to evade financial responsibility.
Answer By Law4u Team
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