The Delhi High Court has affirmed that a wife has the right to summon bank officials and present financial documents as evidence to ascertain her husband's actual income in maintenance cases. Justice Ravinder Dudeja overturned a Family Court order that had previously rejected a woman's request to summon bank officials and produce financial records in a long-standing maintenance case. The High Court emphasized that wives are entitled to present evidence to establish their estranged husband's concealed income and true financial status.
The ruling came as Justice Dudeja decided on a petition under Section 482 CrPC, read with Article 227 of the Constitution, holding that the Family Court had erred in dismissing the woman's application under Section 311 CrPC during the final arguments. The High Court underscored that the evidence the woman sought to present was directly relevant to determining maintenance and should not be disregarded on procedural grounds.
The case背景 centers around a couple married in 2012. The wife alleged that shortly after the marriage, she faced domestic violence and was eventually deserted. She claimed that her husband, despite holding a senior financial position, deliberately misrepresented his income, transferred property sale proceeds to family members, and attempted to evade maintenance obligations. To support her allegations, the wife filed applications under Section 311 CrPC to summon officials from several banks, as well as municipal and financial authorities, to produce records of fund transfers and property purchases involving the husband and his relatives.
While the Family Court initially allowed the wife to present evidence, it later dismissed her application dated March 13, 2024, which sought to summon witnesses to prove the diversion of ₹5.25 lakhs from the sale of a Noida property into her husband's mother's account. Subsequently, the case was scheduled for final arguments.
The High Court found that Section 311 CrPC grants courts broad discretion to summon witnesses at any stage of proceedings if it serves the interest of justice. The court also observed that it is common for husbands to conceal their actual income to avoid paying maintenance to their wives. The High Court stated that the financial status of the husband, including his income, assets, and other means, is central to determining a fair maintenance amount under Section 125 of the CrPC.
Allowing the petition, the High Court set aside the Family Court's order dated June 7, 2024, and directed it to allow the woman to summon the concerned witnesses with the relevant records. The court further instructed the trial court to expedite the remaining proceedings, preferably within three months, with full cooperation from both parties. The High Court emphasized the necessity and relevance of the evidence, stating that the documents and testimony sought by the wife were directly linked to determining a fair maintenance amount, which affects her basic livelihood and sustenance. The goal is to uncover the truth and ensure a just outcome, even beyond procedural technicalities.
