you can file application calling upon wife to produce her last 3 years income tax returns , her bank statements
2) no need to mention application is under section 9 cr pc
Can application u/sec 91 filed during proceedings under 9a
I have filed a case under 9a for restitution of conjugal rights. in which my wife applied for interim maintenance under hma 24 and has been granted already. during argument on interim maintenance she has said that she is not working and has no income to manage herself as well to support court case expenses including travelling. i have got to know about her workplace but as she is receiving her salary in cash form i am not able to gather any income documents. I am thinking of filling Application u/sec 91 for asking the classes to provide her income details like vouchers etc. Can this be done. As CRCPC 91 is applicable for Criminal matters can same be used during Civil matters. And particularly in 9A
Asked 5 years ago in Family Law
Religion: Hindu
9 Answers
Crpc cannot be applicable in cpc matters. You need to apply to the court to direct them to produce the aforesaid papers
I HAVE ALREADY FILED APPLICATION ASKING HER TO FILE INCOME STATEMENT BUT SHE HAS GIVEN AFFIDAVIT SAYING SHE DO NOT HAVE ANY INCOME. ALSO THERE IS CASH DEPOSITED IN BANK ACCOUNT EVERY MONTH ON PARTICULAR DATES. BANK STATEMENT SHE HAS FILED IN COURT AND SAID THAT THESE AMOUNTS SHE IS RECEIVING FROM RELATIVES AND FRIENDS. AS I HAVE MENTIONED SHE IS GETTING SALARY IN CASH FORM AND NOT FILLING ANY INCOME TAX RETURN. SO ONLY SCOPE REMAINING IS GETTING INCOME PROOF FROM HER EMPLOYER.
Asked 5 years ago
you should through court have summons issued to her employer as to whether your wife is employed by them and salary paid to her
Respected sir..
It is your right you can file application under section 91 of croc as it is matter of right but in that application court alwys allows application where it is necessary in the interest of justice but at this stage I don't think that court will consider such application.. Sir video recording will help you at her work place if you can that will help you a lot or any audio recording in which she admits that i am working that may be with anyone.. That will help you only... And if once it comes on record you can move an application under section 340 of crpc against her for false affidavit...
Thank you
1. In the proceeding u/s 24 of HMA you have the option to summon the company officials in court to depose on the points which you need to prove.
2. if you ask the ITR or bank statements of your wife and if she refuses produce the same then the court is free to take adverse presumption on this.
3. You can produce eye witness in support of your case well who can testify that your wife is gainfully employed somewhere.
Regarding her employment details -If she is a working woman, you may make an application to call her employer as a your Witness along with her employment record details by issuing Witness Summons before hearing of her interim maintenance application.
You can get the income tax return through rti. The salary details are also revealed through income tax returns
Such excuse cannot be relied by court, gifting every month, request court to summon her employee and record of payment made to her.
This is my response to you:
1. There might be salary slips issued;
2. You can file an RTI;
3. Check her IT returns;
4. You can ask the court to summon the employer to testify if he is providing salary or not;
5. Consult a local lawyer, who can assist you better after understanding the full facts of your case.
