Alimony disputes can often become complicated, especially when one spouse attempts to conceal their actual income to avoid paying or receiving a fair amount of maintenance. If you’re facing such a scenario, it is essential to understand your rights, the legal remedies available, and the process involved in uncovering hidden income. Whether you are seeking alimony or defending against an unfair claim, knowing what to do if spouse hides income in alimony cases is vital. This article serves as a detailed legal guide for both law students and clients, particularly those dealing with family law issues in Chandigarh, covering all relevant Acts, Sections, and judicial precedents involved in such matters.

Legal Framework for Alimony in India

The Indian legal system provides comprehensive remedies under various laws to claim and determine alimony or maintenance. The key laws governing this area include:

Hindu Marriage Act, 1955

Section 24 – Maintenance pendente lite and expenses of proceedings
 Section 25 – Permanent alimony and maintenance

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023

Section 144 – Maintenance of wife, children, and parents (irrespective of religion)

Protection of Women from Domestic Violence Act, 2005

Section 20 – Monetary reliefs
 Section 23 – Power of court to grant interim and ex parte orders

Special Marriage Act, 1954

Section 36 & 37 – Maintenance and alimony in marriages registered under this Act

Grounds on Which Spouse May Hide Income

Hiding income is not uncommon in contested alimony and maintenance cases. This is especially frequent in proceedings involving divorce lawyers in Chandigarh or family lawyers in Chandigarh. Some common methods include:

Falsifying Employment Details

  • Showing a lower salary or a dummy employer 
  • Producing forged income documents 

Underreporting Business Income

  • Hiding revenue or overreporting expenses 
  • Routing income through third-party accounts 

Non-disclosure of Investments

  • Fixed deposits, mutual funds, stocks 
  • Undeclared property or rental income 

Transferring Assets to Family Members

  • Benami transactions 
  • Gifting income-generating assets to relatives 

Legal Remedies If Spouse Hides Income in Alimony Cases

Application for Income Disclosure

The aggrieved spouse may file an application asking the court to direct the other spouse to provide:

  • Income tax returns (ITR) for past 3–5 years 
  • Salary slips or bank statements 
  • Details of business accounts and assets 

Courts can order detailed affidavits of assets and liabilities, which must be sworn under oath. False statements can lead to perjury charges under Section 227 and 229 of the Bharatiya Nyaya Sanhita.

Discovery and Inspection Under CPC

Under the Code of Civil Procedure, you can request:

  • Order XI, Rule 1: Interrogatories (written questions under oath) 
  • Order XI, Rule 12–21: Discovery and inspection of documents 

Subpoena to Employer or Bank

The court can issue summons to the spouse’s employer or bank to disclose:

  • Salary structure 
  • Bonuses or perks 
  • Bank transactions showing true financial standing 

This is especially helpful when dealing with high court advocates in Chandigarh who are familiar with such procedural tactics.

Role of Income Tax Returns and PAN Data

Income Tax Returns are critical evidence in family courts. Under Section 138 of the Income Tax Act, 1961, courts may direct the Income Tax Department to furnish records in a sealed envelope if needed.

Additionally, courts can consider Form 26AS, AIS (Annual Information Statement), and banking data linked to PAN to identify undisclosed income.

When Spouse Lives Abroad or Is an NRI

In cases involving NRIs, tracing income becomes complex. You can seek:

  • Court orders to obtain international bank statements 
  • Help under The Hague Convention (if applicable) 
  • Diplomatic letters or Letters Rogatory through the Ministry of External Affairs 

If you’re an NRI yourself or your spouse is one, consulting high court lawyers in Chandigarh familiar with international litigation is essential.

Presumption of Income: When Court Estimates Earnings

If income is not disclosed, courts may presume income based on:

  • Educational qualifications 
  • Standard of living 
  • Lifestyle and expenses 
  • Vehicles, travel history, school fees of children 

This is known as the doctrine of imputed income.

Courts may also apply Section 147 of the Bharatiya Sakshya Adhiniyam, 2023, allowing them to presume certain facts based on conduct and circumstances.

Can Concealing Income Backfire?

Yes. If a spouse is caught hiding income, the court may:

  • Impose costs and penalties 
  • Reject their evidence or defense 
  • Increase alimony as a punitive measure 
  • Initiate contempt of court proceedings 
  • Refer the matter for perjury prosecution 

It’s always advisable to provide full and honest disclosure to avoid long-term legal consequences.

How to Prove Spouse Is Hiding Income

To prove income concealment, you or your family lawyer in Chandigarh can:

  • Submit bank statements showing unaccounted deposits 
  • Track social media activity (foreign trips, luxury lifestyle) 
  • Use RTI applications for government employee data 
  • Hire forensic accountants (in high-value cases) 
  • Summon employer records using court notices 

Impact on Alimony and Maintenance Orders

If the court finds that the spouse is hiding income:

  • Maintenance awarded will be based on estimated or imputed income 
  • Court may revise an earlier order in your favor 
  • Past dues may be recalculated 
  • Interim maintenance may be increased 

This applies to cases under Section 144 BNSS, Section 24/25 Hindu Marriage Act, and DV Act provisions.

Preventive Measures for Future Litigants

  • Collect income proofs before filing for divorce 
  • Maintain records of lifestyle, spending, and assets 
  • Don’t rely solely on oral statements in court 
  • Use discovery tools effectively 
  • Consult divorce lawyers in Chandigarh for proper strategy 

Alimony and maintenance cases are sensitive and require full financial transparency from both spouses. If your spouse is hiding income, Indian law provides robust remedies through disclosure applications, income presumptions, and judicial scrutiny.

Whether you’re initiating or defending a claim, the assistance of experienced divorce advocates in Chandigarh, family lawyers, or high court lawyers can ensure that your case is backed by a strong legal strategy. Always act early, collect evidence, and assert your rights legally and efficiently.

FAQs on What to Do If Spouse Hides Income in Alimony Cases

  1. What happens if my spouse lies about their income in court?
     If proven, the court may punish them for perjury, and the maintenance amount can be increased based on the actual or estimated income.
  2. Can I access my spouse’s bank details legally?
     Yes, through court orders and discovery processes. Direct access without permission may be illegal and inadmissible.
  3. What evidence can I use to show hidden income?
     ITR, bank statements, third-party transactions, business invoices, and social media content are commonly used.
  4. Can the High Court review or change a lower court’s maintenance order?
     Yes. Under revisional jurisdiction or appeals, high court advocates in Chandigarh can challenge such orders.
  5. Is it mandatory to file an affidavit of income in maintenance cases?
     As per Rajnesh v. Neha, the court has made it mandatory to file detailed income affidavits for both parties.