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dns (mo)     05 February 2013

Bank statement (is it a crime)

does  taking presenting account balance ,statement of wife`s` account in court through personal influnce in bank will be concidered illegal.as wife wont ever present herself the statement.

THIS IS WITH CONCIDERATION OF MAINTENENCE CASE.



Learning

 23 Replies

HK_Jain... (498a Fighter)     05 February 2013

No, you can show her statement before court.Its not crime.

 

Hemant

1 Like

Neo (qqq)     05 February 2013

Hi ,ypur question itself tells the answer. You are obtaining the bank details thorugh influence, so it's a crime. Perosnal information like bank account details ect can not be obtained by such means as banks do not disclose these details to anyone on personla request

siranjeet (JE)     06 February 2013

bank statements in courts are submitted under Bankers Book evidence Act and duly signed by competent authority

bank statements of account are personal information of third party and disclosure of this information is also exempted under section 8 (1) (j) of RTI act 2005

1 Like

siranjeet (JE)     06 February 2013

Originally posted by : dns

does  taking presenting account balance ,statement of wife`s` account in court through personal influnce in bank will be concidered illegal.as wife wont ever present herself the statement.

THIS IS WITH CONCIDERATION OF MAINTENENCE CASE.

 u can file inetrim request application for production of documents relating to her account detail under section 91 crpc as these very essential for deciding maintenance

stanley (Freedom)     06 February 2013

in the absence of a certified copy you can sumbit the bank statement . The court does not ask you from where you got this statement . But your wife would deny that this is her statement . As you know the bank as well as her account no you can summon the bank Manager and cross examine him :-) and he would have to reval the truth .

Alternatively you can call for her bank statement through CRPC 91 . 

2 Like

HK_Jain... (498a Fighter)     06 February 2013

Stanley has rightly explained. nothing to add.

 

Hemant

1 Like

Sudhir Kumar, Advocate (Advocate)     06 February 2013

In case you submit the statement obtained by personal contact, the be sure that :-


(i) you cannot corroborate it and the ocurt will ignore it

(ii) the momen you r wife gets to know and complaints to be bank then you contact is likely to loose job.


There is a legal way that bank can be summoneed by court to bring statement.

1 Like

dns (mo)     09 February 2013

thanks everyone...

satya prakash (Clerk)     05 March 2013

If husband says he dont have income & if wife party gets bank statement then will it be crime?
 & what will be the effect?

Sudhir Kumar, Advocate (Advocate)     05 March 2013

let the statement be summoned by court from bank.

M Chaturvedi (Business)     05 March 2013

Dear dns:

Why did you have to get your Wife's Bank Statement? Was She lying in front of the Homourable Judge that She is Unemployed or Starving or Helpless or Homeless or Something which nowadays usually Wives are doing to wrongly extort money from husbands & family?

If She is lying in front of The Honourable Judge then that is a bigger crime. So, if have procured the bank statement to defend yourself, it is not a crime. Where is it written or declared that Wife can Officially and legally lie, but, husbands become criminal if he defends himself.

Have you committed any fraud in her bank statement? Have you withdrawn any money from her bank account? Have you in anyways misused her bank statement? If 'NO', you need not worry. The honourable Judge is not concerned How you got her bank statement, but, with the court is concerned with the real & genuine facts.

The same was the case with us. My brother's wife even after lying in court, she went on to register complaints in Police Stations, ACP & DCP & Commisioner of Police as if she is the Queen and she can lie but others should shut up when she lies openly in court. The Police simply asked her whether your husband has done any fraud in your bank statement, her reply was NO & thats it, the Police said we cannot file any case against the husband since he has the right to defend himself.

So Don't Worry Go-Ahead & use her bank statement in Court.   

1 Like

Never Give Up (Fighter)     05 March 2013

M Chaturvediji ..

Sudhir Kumar, Advocate (Advocate)     05 March 2013

let the statement be summoned by court from bank.  The person who gave you statement unofficially,  is likely to loose job.

Gopal Arora (Engineer)     05 March 2013

@Sudhir Kumar


Court is not interested in finding out how husband got bank statement. If wife complains to the bank, then how wife will confirm to the bank that person X has given the statement. There are thousands of employee in each bank.


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