Regarding denial of bank account by wife
amit
(Querist) 26 January 2020
This query is : Resolved
Wife asserts in court in maintenance case and divorce case that the accounts opened in name of wife which have plenty of money really opened by her husband in her name to park his untaxed income ..but in actual she opened and operated account for her ...court rejected application to call bank statement of wife.,..what should be done
Advocate Suneel Moudgil
(Expert) 26 January 2020
The Family/Trial Court can direct parties to furnish detailed affidavits regarding their income, expenditure, Assets, and liabilities in terms of direction laid by the Hon’ble High Court of Delhi in the case titled “Kusum Sharma Vs Mahinder Kumar Sharma”
therefore, simply file an application to submit the financial affidavit is sufficient and she will be forced to submit all financial detail in an EXACT manner.
remember, you will also bound by the application,
Raj Kumar Makkad
(Expert) 27 January 2020
Nothing can be done in the given facts on the part of the husband. He cannot claim the bank account of his wife as of himself. Who so ever is recorded as the account-holder, he is the person to operate it and the money lying therein also belongs to him so bettr to think some other way.
Dr J C Vashista
(Expert) 27 January 2020
What is the purpose of seeking bank account of wife ? When you are aware she has sufficient means to maintain herself, which you (or your lawyer) must ask in cross-examination.
What is the opinion and advise of your lawyer if you are a party ? Otherwise, it is advisable to consult a local senior for appreciation of facts / documents and guidance .
Sb Karma
(Expert) 27 January 2020
Please reflect your query properly here,because shadow question create confusion not solution. So please create query in details.
amit
(Querist) 28 January 2020
Sir
Wife withdraws all money from her accounts after litigation ...she used to filed income tax before litigation ...when husband submitted her ITR that were filed before litigation and gave her accounts details (not statement)...to escape ..she said that ITR was not in her knowledge and also all her accounts are controlled by husband means benami account...husband filed crpc 91 to call bank statement ..court denied ...and gave interim by holding that ITR not in knowledge of wife ...
Raj Kumar Makkad
(Expert) 28 January 2020
During the course of evidence, original ITR of wife can also be summoned in Court wherein signature upon ITR might be of your wife and in that event, she cannot refuse having no knowledge of submitted ITR and similarly bank account statement can also be called i the court at that stage and can be put before her and she may be got cross-examined accordingly. Interim order can also be got challenged before upper court.
