• How can we request court to reveal Wife's Account Details

I had filed a Divorce case under Section 13(I)(ia) based on Cruelty and Torture in 2016. There has been no resumption of cohabitation since. The Opposite party filed a CrPC 125 for Maintenance.

1. My wife is a working lady and has a good amount in her bank account. I have gathered her income details but How can I request the court to order her, to furnish her bank account details.

2. Cross-Questioning of my wife for CrPC is over , but in lieu of the new evidences , Is there a way we can ask court time for additional Cross Questioning.
Asked 5 years ago in Family Law
Religion: Hindu

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13 Answers

File application under section 91 cr pc to direct wife to produce her last 3 years income tax returns, bank statements, list of her investments etc 

 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

To grant maintenance, earning capacity and salary will consider by court and not deposit in bank. But your bank deposit will not ignore by court.

So better prove her income and account will be secondary.

Court can re- examine any person already examined; if her evidence appears to it to be essential to the just decision of the case.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Since it is material fact having great relevancy to the merit of the case you can approach court to order for revealing her financial details and for re-examination of the opposite party.

 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

You can pray the court to direct the bank to provide the bank statement of your wife to the court to know your wife's salary details.

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Sir,

Your property details, investments and assets can be accessed by your spouse under the Right to Information Act (RTI). ... So far such information has been considered exempt under the RTI Act and treated as private or third party information.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

The Family/Trial Court can direct parties to furnish detailed affidavits regarding their income, expenditure, Assets, and liabilities in terms of direction laid by the Hon’ble High Court of Delhi in the case titled “Kusum Sharma Vs Mahinder Kumar Sharma”

therefore, simply file an application before the Court to direct the parties to submit the affidavit regarding their income, expenditure, Assets, and liabilities,

once you submit the application, the Court will direct both of you to submit the affidavit and she will be forced to submit all financial detail in an EXACT manner.

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

For 125 CrPC you have to make application in the court that your wife is having a job and getting sufficient salary for own maintenance you can also try to the court to order the bank to provide the banking details as your wife along with any employer to submit the the salary detail of your wife after the court order both the reports will be submitted by the bank and employers in the court

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

You need to file application under section 91 crpc to reveal the said detailed. If not then court will draw adverse inference. 

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

- Out of Cruelty , Non-cohabitation is also a good ground for getting divorce.

- Working lady has also right to claim maintenance under 125 CrPc from her husband , if her income is not sufficient for her maintenance .

- You should move an applicaton before the Court for challenging her income and ask for her accounts details.

- In lieu of new evidence, you can move an applicaton for ADDITIONAL EVIDENCE before the court. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

1. File an application before court praying before court to direct  wife to produce her account statements and ITR on affidavit.

2. You can pray for same court on its discretion may allow or deny same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. At the time of evidence you can summon her employer with the income details.

2. Another option is to summons her bank officials to bring her account details.

3. To summon the bank officials or her employer your wife need not be recalled to put additional questions in cross examination.

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

Make an application in court for getting the details of account of your wife. 

Yes you can make an application under 211 CrPC for re examination of witness but it will depend on discretion of court that it will allow the application or not.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

1.  If you have gathered her income details then produce it before court to prove that she has sufficient income and also she is employed and drawing a handsome salary income hence she is not eligible for maintenance.

If you dont have evidence for the bank balance then you may file a petition under section 91 cr.p.c seeking direction to bank to produce the account details.

 

2. Not necessary, if you summon the bank manager to the court, then you can establish the details through bank manager itself.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

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