Dv act
Manoj Kumar Jain
(Querist) 20 July 2012
This query is : Resolved
Wife filed DV Act. Court passed interim maintenance. Now it is in the stage of evidence. Wife not submitted any evidence either cruelity or my income. Now she is filed an application before magistrate to recall the my all bank statement.
(1) Can Magistrate issue any kind notice to my banks to avail the bank statement.
(2) Can Bank bind follow magistate order.
(3) Can Magitarte decide final maintenance on the basis of my bank transaction or investments without proving my monthly income.
Devajyoti Barman
(Expert) 20 July 2012
1. Yes the court can ask for such evidence by summoning the officials.
2.Yes unless it set aside such order from the higher court.
3. That would be an idea about your income. Court can certainly presume your salary on the basis of bank transaction.
Adv.R.P.Chugh
(Expert) 20 July 2012
1. Yes the magistrate can under exercise of S.91 of the CrPC.
2. Yes the bank is bound to follow magistrate's order, else the bank would face contempt proceedings.
3. To be very honest, they don't have to, the present trend shows courts have gone to the extent of presuming a certain amount as maintenance because exact income is only within the special knowledge of the person, you have the burden to come out clean with your income, otherwise the court takes into account some factors and arrives at a presumed amount.
Raj Kumar Makkad
(Expert) 22 July 2012
Every institution has to follow the verdict of the court and bank statement is a best piece of evidence while calculating the income of a person. Court has every power to consider the income shown in bank accounts by you while granting the amount of maintenance.
