Wife has right to summon Bank Officials as witness to know the real income of Husband

The Delhi High Court has ruled that a wife has the right to summon bank officials as witnesses in maintenance proceedings to uncover the true income and assets of her husband, especially if there is suspicion that he is hiding his actual earnings.

This judgment came in response to a plea by a woman who challenged a Family Court order that had rejected her application under Section 311 of the Criminal Procedure Code (CrPC), which allows a court to summon or recall witnesses if their testimony is essential for a just decision.

The woman got married on 16.02.2012. Since after marriage, she was subjected to domestic violence by the Respondent and his family to fulfill dowry demands. On 18.11.2012, the Respondent and his family locked the matrimonial home, leaving the Petitioner deserted without resources, after transferring her stridhan, jewellery and cash to their family accounts.

The wife wanted to summon bank officials and obtain bank statements to show that funds from the sale of a property in Noida had been diverted through accounts linked to the husband and his family members. The intention was to prove that the husband had more financial resources than he was disclosing, which is crucial in deciding the amount of maintenance to be awarded.

The husband opposed the plea, arguing that the witnesses were not relevant and that the wife’s application was merely a tactic to delay the proceedings. However, the High Court disagreed, stating that the financial condition of the husband—including his income, assets, and other means—is central to determining a fair maintenance amount under Section 125 of the CrPC.

The High Court also addressed the timing of the wife’s application, which was filed at the stage of final arguments. While the Family Court had rejected it citing delays and multiple applications, the High Court clarified that Section 311 gives courts broad discretion to summon witnesses at any stage of the proceedings if doing so serves the interest of justice. The goal is to uncover the truth and ensure a just outcome, even if it means going beyond procedural technicalities.

The High Court criticized the Family Court for taking a narrow, technical view rather than considering the necessity and relevance of the evidence. He stressed that the documents and testimony sought by the wife were not minor or unrelated but were directly linked to determining a fair maintenance amount, which affects her basic livelihood and sustenance.

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