Crpc 125 for seeking maitenance
madan satpathy
(Querist) 09 December 2017
This query is : Resolved
Sir/madam, my wife filled a maintenance case against me on 2014, and the case is still pending in family court. both party's evidence is closed but argument stage is not start yet. at this moment can i file sec91 for seeking of her bank statement?
Vijay Raj Mahajan
(Expert) 10 December 2017
Were you sleeping when the evidence was going on to summon the bank account details of your wife. Did you specifically asked her in her cross examination about all her bank accounts and details of each of them.
I doubt if at this stage the principal judge of the Family Court will allow summoning the bank account details of your wife, unless you have unofficial details of the bank account which cannot be exhibited without call the records from the bank.
N.K.Assumi
(Expert) 10 December 2017
The court will not foreclose any evidence that will assist the court to do real justice to the case. However, as pointed out by expert Vijay Raj Mahajan, why the bank statements was not brought on records during the cross? Doubtful, but no bar in asking the court to call for the documents to be brought on records.
Dr J C Vashista
(Expert) 13 December 2017
The stage to seek bank account/balance of your wife is already over, as rightly observed and pointed out by experts, I agree.
