Family › Maintenance or support

Husband claims he has no income

What usually matters in this situation, and the papers to keep ready before you meet an advocate or free legal aid (call 15100).

Your situation

• Do you have any lawful record of the paying person's income or assets? No

Where you stand

• Be careful Without income proof, courts rely on lifestyle evidence — gather what you can.

Papers to gather

• Proof of the relationship (marriage certificate, birth certificate)
  The starting point of any claim. Where: Your records.
• Your own income proof, or a note that you have none
  Courts often require both sides to disclose income and assets in an affidavit. Where: Salary slips, ITR, bank statements.
• Monthly expense records (rent, food, school fees, medical bills, loan EMIs)
  Supports the amount claimed. Where: Bills, receipts, statements.
• Messages showing support was refused or stopped
  Shows the need to approach the court. Where: Your phone.

You may also need, depending on your answers

• The maintenance order and the record of payments received or missed — Needed to recover arrears.
• Papers in the pending case and the next date — Keeps you prepared for the next hearing.
• Children's school fee receipts and medical records — Children's costs are considered separately.
• The gift or transfer deed and any record of the promise of care — May support a claim to undo the transfer.
• Your income, liabilities, other dependants and payments already made — The court will weigh your means and obligations.
• Proof of payments already made — May be adjusted against claims.

What the law says

Saboot will also ask

• Who needs support, or who is being asked to pay?
• Is there already a maintenance order or case?
• Do you have your own income?

Similar situations

• Husband not giving money for household and children
• Need child support from my ex
• Maintenance order exists but he stopped paying
• I am being asked to pay maintenance I can’t afford
• Interim maintenance while the case goes on

Sources

• Bharatiya Nagarik Suraksha Sanhita, 2023
• Protection of Women from Domestic Violence Act, 2005

The full guide: Maintenance or financial support · All situations